2009 Supreme(Mad) 1583
MADRAS HIGH COURT
S. Manikumar, J.
Dr. D. Ranjan Sundara Kumar
Versus
Secretary, Government of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai-9 and Others
W. P. (MD) Nos. 7866, 7938, 8012, 8014, 8017, 8051, 8052, 8121, 8131, 8132, 8284, 8285, 8880, 9604, 10131 to 10133, 10618, 10653, 10675 to 10680, 10698 to 10701, 10724, 10725, 10732 to 10738, 10859, 10914 and 10196 of 2008 and W.P. (MD) Nos. 89, 726, 2589 to 2591, 2503 and 3205 of 2009 and W.P. (MD) No. 10196 of 2008
Decided on : 28th May, 2009.
Veerakathiravan, M.Ajmal Khan, Issac Mohanlal, S.Kadarkarai, Jeyapaul, M.Vallinayagam, S.Mani and C.Mayil Vahana Rajendran for Petitioner
Meenakshi Sundaram, Ms. R. Anitha, Additional Government Pleader and M. Joseph Thetheus Jerome for Respondents
All these writ petitions relate to appointments/promotions/ reversions/Transfers/Disciplinary action taken against the teaching staff in schools and colleges functioning under Tiruneveli Diocese, which runs several colleges, schools and hospitals for the benefit of the member of the Tirunelveli Dioceses. The educational institutions are recognised and aided by the Government. Litigation started in the year 2007 for the posts in the administration of Diocese, has spread its wings to educational institutions resulting in filing of number of writ petitions as well as civil suits, in lower Courts. Some writ petitions relate to challenging the Order of the Director of Collegiate Education, Chennai, in the matter of functioning of Secretaries and Correspondents in St. John's College, and Sarah Tucker College, Palayamkottai. Many writ petitions relate to appointments/promotions/reversion/cancellation of appointments in various schools and colleges established and administered by Tiruvenlveli Diocesan Trust Association. Two writ petitions have been filed by TADA employees Welfare Association.
2. As common questions of fact and law are involved, all the writ petitions are taken up together and disposed of by a common Order. On the facts of the case, some of the writ petitions are dealt with independently.
3. Appointments to the post of Lecturers in colleges run by the Diocesan Institutions have been made by Secretaries of the respective colleges on 11.8.2008. Appointments/promotions/Orders of re-employment in schools have been made on various dates by Correspondents/Managers of the Schools, when they were holding the said Offices in various schools are made on 1.9.2008.
4. The main issues to be considered are,
(1) Whether the Director of Collegiate Education, Chennai is right in cancelling the Order, dated 31.7.2008.
(2) Whether the Secretaries of the two colleges had the competence to make appointments to the post of Lecturers in the colleges on their own.
(3) Whether the appointments made by the then Secretaries of Sarah Tucker College and St. John's College, Palayamkottai are valid as per the Rules and regulations of the Church and the statutory provisions.
(4) Whether the appointments/promotions/Orders of re-employment made by the Correspondents/Managers, in various schools are valid.
5. It is to be noted that all the appointments have been made on the strength of the interim Orders granted by the Civil Court, Chennai and consequent Orders passed by the Director of Collegiate Education, Chennai.
6. Tirunelveli Diocesan Trust Association Church of South India (hereinafter called TADA) is a religious Christian minority. It has established and administers five colleges, 11 Higher Secondary Schools and 324 Primary and Middle schools. Besides, it has Industrial Training Schools, Teacher Training Institutions and also administers Old Age Homes, Orphanages, Schools for the Handicapped, Hospitals and other Social Service Centres for the benefit of Protestant Christian community. Church of South India was found in the year 1947 and administered as a company under the Companies Act. The church has its own by-laws and guidelines and the same are binding on the members particularly, those elected and nominated under the Rules to various offices. The Council consists of Bishop, Chairmen of Church Councils, Office Bearers of the Councils, Clergymen, Diocesan Worker Representatives and other elected representatives of Pastorates, through the Congregation and other persons nominated by the Bishop.
7. With regard to education, there is a Standing Committee on education dealing with higher education and other primary and middle education. The Standing Committee consists of the Bishop, Office bearers of the Diocesan Council, Chairman of Church Council and Manager appointed by the Bishop. The Education Standing Committee consists of Principals of the Colleges, one Correspondent among the Boys Secondary Schools and other three Girls Secondary Schools and fi