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2012 Supreme(Mad) 1393
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE VINOD K. SHARMA
K. Renuka
Versus
The Government Of Tamilnadu rep by its Secretary, Education Department & Others
W.P.No.17527 of 2011 & M.P.Nos.1 to 3 of 2011
Decided On: 19-03-2012
Advocate Appeared
For the Petitioner:R. Thyagarajan, S.C. for S. Giridharan, Advocate.
For the Respondents: R1 to R4 - R. Ravichandran, AGP, P. Karthikeyan, GA, R5 -Mrs.
G. Thilakavathy, Advocate.
The main legal point established in the judgment is the jurisdiction of the Civil Court under Section 53-A(1) of the Tamilnadu Recognised Private Schools (Regulations) Act, 1973 in resolving disputes related to the inclusion of trustees in educational agencies.
Headnote:
Trust - Inclusion of Family Member as Trustee - Tamilnadu Recognised Private Schools (Regulations) Act, 1973 - Section 53-A(1) - Section 92 of the CPC - Civil Court's Jurisdiction - Dispute Resolution
Fact of the Case:
The petitioner, a family member of the late W.T. Masilamani Mudaliar, sought inclusion as a trustee in the Trust formed for providing education to socially and educationally backward people. The Trust did not include any family members as trustees after the death of W.T. Masilamani Mudaliar, despite the stipulation in the Trust Deed. The petitioner raised objections and sought approval for inclusion, but the authorities approved the educational agency and school committee without addressing the dispute.
Finding of the Court:
The Court found that the dispute regarding the inclusion of the petitioner as a trustee fell within the jurisdiction of the Civil Court under Section 53-A(1) of the Tamilnadu Recognised Private Schools (Regulations) Act, 1973. The Court held that the authorities should have referred the dispute to the Civil Court or recorded a finding that the objection did not fall under Section 53-A of the Act before granting approval.
Issues: The main issue was the inclusion of the petitioner as a trustee in the Trust, which the authorities approved without addressing the dispute. The Court also considered the interpretation of Section 53-A(1) of the Act and the jurisdiction of the Civil Court in resolving disputes related to educational agencies.
Ratio Decidendi: The Court held that the dispute regarding the inclusion of the petitioner as a trustee fell within the jurisdiction of the Civil Court under Section 53-A(1) of the Act. The Court emphasized that the authorities should have referred the matter under Section 53-A of the Act or recorded a finding that the dispute did not fall under its purview before granting approval.
Final Decision: The Court quashed the approval granted to the educational agency and school committee and remitted the case back to the District Educational Officer to reconsider the matter after taking into consideration the objections raised by the petitioner. The respondent was directed to give a personal hearing to the petitioner and respondent before passing a final order.
1. The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the order Na. Ka.No. 1292/A1/2011 dated 04.07.2011 approving the School Committee of
W.T. Masilamani Mudaliar Higher Secondary School, Walajabad, Kanchipuram.
2. The grand father of late W.T.Masilamani Mudaliyar formed a Trust Ambalavanar Araporuppu Ayam at Walajabad, Kanchipuram in the year 1963, with an object to give best education to the local people, who are socially and educationally backward.
3. The Trust started various schools in and around the area and majority of people living in the Walajabad village and surrounding areas are dependent on these schools to give education to their children. Some of the students are also doing part time job for their livelihood, and then attend the school.
4. As per the constitution of the Trust, originally there were seven trustees, who were to continue till their lifetime. It was stipulated that after death of W.T. Masilamani Mudaliar, his family member is to be included as a member of the Trust. The qualification for being included as trustee was also prescribed in the Trust deed.
5. The petitioner submits that she is grand daughter of Thiru W.T. Masilamani Mudaliar and fulfils all the required qualification as per the Trust Deed. After death of Thiru W.T. Masilamani Mudaliar, no one from his family was included as trustee in the Trust. The petitioner brought this to the notice of the Board of Trustees on several occasions, but no action was taken by the Board of Trustees to include the family member of late Thiru W.T. Masilamani Mudaliar, as one of the trustees.
6. The Director of School Education on 26.10.1977, pointed out that no one from the family of W.T. Masilamani Mudaliar was included in the Trust and directions were also issued to the District Educational Officer to verify whether trustees were appointed as per the Trust Deed before granting approval.
7. It is the submission of the petitioner that the Secretary of the Trust, by suppressing the facts regarding non inclusion of family members of late Thiru W.T. Masilamani Mudaliar, sent the proposal to the District Educational Officer for approval for appointment as Secretary. The request was accepted and appointment of the Secretary by the Trust was approved. That in the present Trust Board, the family members of late Thiru W.T. Masilamani Mudaliar was not included as trustees. The Trustees of Board are as under:
1. Thiru B.Kandasamy - President
2. Thiru P.Radhakrishnan - Secretary
3. Thiru W.N.Thirunavukarasu - Assistant Secretary cum Treasurer
4. Thiru S.Rajendran - Member
5. Thiru Lakshmanan - Member
6. Thiru S.L.N.S.Vijayakumar - Member
7. Thiru Dr.M.S.Amarasan - Member
That none of the trustees is the family member of late Thiru W.T. Masilamani Mudaliar. The petitioner, in view of stipulation contained in the Trust Deed and also in view of the communication dated 26.10.1977, has requested the Board of Trustees to include petitioner as member of the Trust Board, but the Board of Trustees sought approval for their term of office for further period of 3 years from 2011 to 2014.
8. It is the submission of petitioner that respondent no.5 is continuing as Secretary for the past several years and made several alienation of trust properties without approval of the competent Court, and has let out trust properties for a meagre rent to other trustees, and is also acting against Rules and Regulations of the Trust, as also the Tamilnadu Recognised Private Schools (Regulations) Act, 1973 (hereinafter referred to as 'the Act') and the rules framed therein, and is further acting contrary to the Government Orders, circulars and other proceedings.
9. However, for the reason best known, the petitioner has not impleaded Secretary of the Trust either in his official capacity or in individual capacity, as respondent no.5 is not the Secretary, but the Trust.
10. Allegations are also that the Secretary and Trustees are guilty of gross
