1995 Supreme(Mad) 810
High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. K.A. SWAMI & THE HONOURABLE
MR. JUSTICE D. RAJU
M.Ayyasamy
Versus
The District Educational Officer, (Elementary Education),
District Education Officer, Madras and Another
W.A.No.978 of 1995
Decided On : 27-09-1995
R.Gandhi, Senior Counsel, for R. C.Narendhiran, for Appellant.
D.Murugesan, Special Government Pleader, for Respondent Nos.1 and 2. R.Suresh
Kumar, for Respondent No.3.
School Committee shall abide by orders of stay or injunction by Court or statutory authority.
Headnote:Tamilnadu Recognised Private Schools (Regulation) Act, 1973-Section 53-A(2) -Invocation of power-Educational agency or School Committee it properly and validity dated/constituted should be allowed to function-If any order of stay or injunction by Court or statutory is passed the same has to be obeyed by the said Committee.
Raju, J.
The above writ appeal has been filed against the order of the learned single Judge dated 28. 1995 in W.P. No.8856 of 1995, whereunder the learned Judge while allowing the writ petition filed by the third respondent herein has quashed the order of the first respondent in 3731/AG/95, dated 6. 1995 and consequently, directed the State Government to nomi nate an Officer and pass appropriate orders as an interim measure, according to Sec.53-A(2) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (hereinafter referred to as the Act).
2.. To appreciate the nature of the disputes as also the grievance of the parties in the proceedings before us, it becomes necessary to advert to certain earlier factual details. There is no controversy over the position that the Sukangalpatti Nadar Uravinmurai Hindu Nadar Middle School Educational Society is an Association duly registered under the Tamil Nadu Societies’ Registration Act with Registration No.55 of 1984 and the school in question is establish and administered by the said Association. The members of the Committee have to be periodically elected and registered under the provisions of the Tamil Nadu Societies Registration Act, 1975. It appears that the school was originally started even 100 years ago and it is only in the year 1984 the community people gathered together and elected the School Committee and administered the Association as noticed supra on the file of the District Registrar, Periyakulam, Madurai District. It is also seen that the periodical election is to take place every three years to elect the body to administer and maintain the school. In view of certain conflicting claims and counterclaims by different groups of persons claiming control over the Association and the Committee, the Inspector General of Registration, by his proceedings dated 9. 1991 has directed the District Registrar, Periyakulam, to be present at the election to be made by the General Body of a Committee and a direction also appears to have been issued to the Association. It is not at this stage necessary to advert to the claim of removal of some of the members and the claims in opposition thereto for the purpose of this writ appeal. The fact remains that on 1. 1995 a General Body meeting was held at the Society’s school building under the Presidentship of the appellant herein in which apart from the election of the appellant as the President, one M.Manoharan has been elected as the Secretary and N.Murugesan and the Treasurer in addition to the election of about four Executive Body Members. It is also seen that the District Registrar, Periyakulam was also present at the time of the said General Body Meeting as per the directions of the Inspector General of Registration noticed earlier and on the filing of a Form-7 application, the same was also registered by the District Registrar. The office bearers so elected was said to be for the period between 1. 1995 and 312. 1987. Thereafter, the proceedings appear to have been sent to the second respondent herein, who it is claimed, has approved the same. But on securing legal opinion from the local Government Pleader, the first respondent has finally approved the elected Committee Under the impugned proceedings dated 6. 1995. Thereupon, the second respondent also appears to have handed over the charge held by him of the school as temporary Secretary under the orders of the Chief Educational Officer dated 110. 1992 to the new Secretary M.Manoharan. While matters, . stood thus, the third respondent herein has filed the above Writ Petition No.8856 of 1995 seeking for a writ of certiorari to call for and quash the proceedings of the first respondent dated 6. 1995 and consequently direct the first respondent to permit the second respondent to continue to discharge duties of the Secretary of the Petitioner-school till the disposal of O.S. No.91 of 1995 on the file of the District Munsif’s Court, Uthamapalayam. It is appropriate to n