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2009 Supreme(Mad) 4087

P.JYOTHIMANI
G. Jayaprakash, Secretary Muthu Naidu Memorial High School, Coimbatore – Appellant
Versus
The Secretary to Government Education Department, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:Venkatachalapathy, Sr. Counsel, for M. Sriram, Advocate.
For the Respondents:R1, R2, G. Sankaran, Special Government Pleader, R3, V. Selvaraj, Advocate.

Judgment :-

This writ petition is directed against the order of the second respondent dated 13. 2009, by which the second respondent, while considering the application of the petitioner dated 12. 2008 and the reminder dated 212. 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").

1. The brief facts leading to the passing of the impugned order, relevant for consideration, are that the petitioners father - R. Govindaraj established "Muthu Naidu Memorial School" on 13. 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 provis






















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