G JAYAPRAKASH SECRETARY MUTHU NAIDU MEMORIAL HIGH SCHOOL Vs. SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT

JUDGEMENT

(1.) THIS writ petition is directed against the order of the second respondent dated 12.3.2009, by which the second respondent, while considering the application of the petitioner dated 1.12.2008 and the reminder dated 24.12.2008 seeking approval of the appointment of the petitioner as the Secretary of Muthu Naidu Memorial High School, Jakkarpalayam, Pollachi, Coimbatore - 642 202, rejected the same on the basis that the third respondent has raised certain objections regarding the appointment of the Secretary of the School Committee and directed the parties to approach the Civil Court as per Section 53-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (for brevity, "the Act").2.1. The brief facts leading to the passing of the impugned order, relevant for consideration, are that the petitioner's father - R. Govindaraj established "Muthu Naidu Memorial School" on 12.3.1960 and the said school was administered by a society called "Araneri Kalagam", a society registered under the Tamil Nadu Societies Registration Act. The said society was formed in the year 1958, namely before the Tamil Nadu Societies Registration Act came into existence and by virtue of the provisions of the Tamil Nadu Societies Registration Act it is deemed to be a society under the present Tamil Nadu Societies Registration Act.2.

(2.) IT appears that the father of the petitioner - R. Govindaraj, due to various reasons, has not filed necessary returns before the authorities under the Tamil Nadu Societies Registration Act and actually, the society has become defunct. However, it is not in dispute that so long as the petitioner's father - R. Govindaraj was alive he has been recognised as an educational agency and as the Secretary of the said school. The petitioner's father expired on 3.11.2008. At the time of the death of the petitioner's father, the erstwhile society was defunct and had no other member except the third respondent, who was the sole surviving member of the society. 2.

(3.) THE specific case of the second respondent, as it is seen in the counter affidavit, is that the second respondent was prompted to pass the impugned order, taking a decision that it is a matter to be settled under Section 53-A of the Act, on the ground that the third respondent has written to the second respondent stating that whenever the second respondent takes a decision regarding recognition of the petitioner as the Secretary of the School he has to be consulted. THE relevant portion of the counter affidavit filed by the second respondent is as follows:"Immediately after the death of Thiru. K. Govindaraju, Thiru. L. Balakrishnan the only alive member of the Educational Agency, Araneri Kalagam sent a petition to the District Educational Officer, Pollachi not to take any decision regarding the appointment of Secretary of the School without consulting him. Thiru. G. Jayaprakash, S/o. Late Thiru. R. Govindaraju sent a proposal dated 21.12.2008 to the District Educational Officer, Pollachi to approve him as the Secretary of the School.".