Back
2012 Supreme(Mad) 537
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
Sri Krishna Middle School Kancheepuram rep. by its Correspondent K. Rajagopal
Versus
The Chief Educational Officer Kancheepuram & Others
W.P.No.29908 of 2011 & M.P.No.1 of 2011
Decided On : 02-02-2012
For the Petitioner:S.V. Ramamurthy, Advocate.
For the Respondents: R. Ravichandran, Addl Govt. Pleader.
The central legal point established in the judgment is the requirement for quasi-judicial authorities to act fairly and with an open mind, considering the defense raised by the parties involved, in compliance with the principles of natural justice.
Headnote:
Certiorari - Education - Tamil Aided School Teachers Act, 1973 - The judgment discusses the application of the Tamil Aided School Teachers Act, 1973 and the principles of natural justice in the context of a school management dispute. The court emphasized the need for fair and open-minded decision-making by quasi-judicial authorities and the requirement to consider the defense raised by the petitioner school and its Correspondent. The impugned order was set aside, and the case was remitted back to the authority to pass a detailed speaking order, taking into consideration the defense raised by the petitioner school and its Correspondent.
Fact of the Case:
The petitioner school sought to quash the final order passed by the District Elementary Educational Officer, Kancheepuram, which restrained its Correspondent from entering the school and directed the direct payment of salary to the teachers. The petitioner alleged that the order was without jurisdiction and passed in violation of principles of natural justice.
Finding of the Court:
The court found that the impugned order did not comply with the principles of natural justice as it did not consider the defense raised by the petitioner school and its Correspondent. Consequently, the writ petition was allowed, the impugned order was set aside, and the case was remitted back to the authority to pass a detailed speaking order.
Issues: The issues included the jurisdiction of the authority to pass the impugned order, compliance with the principles of natural justice, and the need for a detailed speaking order considering the defense raised by the petitioner school and its Correspondent.
Ratio Decidendi: The court emphasized the requirement for quasi-judicial authorities to act fairly and with an open mind, considering the defense raised by the parties involved. It held that the impugned order, being a non-speaking order and not compliant with the principles of natural justice, could not be sustained in law.
Final Decision: The impugned order was set aside, and the case was remitted back to the authority to pass a detailed speaking order, taking into consideration the defense raised by the petitioner school and its Correspondent. The authority was directed to pass a final order within two months of receipt of the court's order.
1. Sri Krishna Middle School, through its Correspondent, K.Rajagopal, has invoked the extra-ordinary writ jurisdiction of this Court, for issuance of a writ in the nature of Certiorari, to quash the final order dated 02.12.2011, passed by the District Elementary Educational Officer, Kancheepuram.
2. The petitioner School was established, as Primary School in the year 1931 and was upgraded as a Middle School. The school was recognized in the year 1955 for studies upto VIII Standard. The school was established by C.Kalyanakodi Sundara Varadachari and thereafter Parthasarathy Iyeangar managed the school. Thiru Srinivasa Iyengar was the last in the family to manage the school, which was subsequently taken over by K.Rajagopal.
3. Thiru K.Rajagopal worked as Teacher and Head Master in the school and it was after his retirement that the original founder transferred the school to him. The land of the school belongs to K.Rajagopal, and it is on the said land, the building was also constructed by him.
4. The school is a co-education one, where both boys and girls are studying upto VIII standard. The school had a strength of 758 students, which now stands reduced to 300 children only, due to the routine problems caused by the teachers. The school is aided school, getting Government aid, and is also recognized as private school.
5. The case of the petitioner is that the discipline enforced by Thiru K.Rajagopal was not liked by the newly appointed teachers, who instigated the students and their parents to make allegations against the Correspondent to various Government officials. The object of the complaint was that the management of the school should be taken over by the Government. Serious allegations were levelled against the Correspondent.
6. The District Elementary Educational Officer, vide Mu.Mu.No.0002/A-4 2010 dated 04.01.2010, ordered the direct payment of salary to the teachers and further restrained its Correspondent K.Rajagopal from entering the school.
7. Even though the petitioner is a recognized school and could not be said to be having any grievance against action taken on its Correspondent, but for the reason best known, the petitioner school challenged the order by filing W.P.No.1538 of 2010, on the ground that the order was without jurisdiction and passed in violation of principles of natural justice.
8. The writ petition was dismissed by this Court on 09.09.2011. One of the reasons for dismissing the writ petition was that it was only the interim order and not the final order.
9. This Court, while dismissing the writ, made the following observations:
"12.) However, it is made clear that as the petitioner alleged that he was not any opportunity, it is for the respondents 1 to 3 to conduct enquiry in respect of the direct payment of salary to the teaching and non-teaching staff in the manner known to law by affording reasonable opportunity to the petitioner as well as the teachers and thereafter, pass orders on merits and in accordance with law. It is further made clear that the above said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order."
In pursuance to the order, passed by this Court, the respondent no.2 issued show cause notice to the petitioner and in response to it, the Correspondent filed objections, controverting allegations levelled against him.
10. On consideration of the matter, the District Elementary Educational Officer, Kancheepuram, passed the impugned order dated 02.12.2011. The operative part of the order, as translated, reads as under:
"Hence, for the welfare of teachers and for the welfare of the school, in exercise of powers conferred under paragraph 7 this order is imposed to the Sri Krishna Aided Middle School. The Kancheepuram Additional Assistant Elementary School Officer, has to implement the regulation without giving any room and implement the same. "
11. The impugned order is challenged by the petitioner, on the
