2013 Supreme(Mad) 2852

High Court of Judicature at Madras
S. NAGAMUTHU, J.
St. Jude's College, Kanniyakumari District & Another
Versus
Government of Tamil Nadu, Rep. By Secretary to Government, Higher Education Department & Others
W.P. Nos. 1629 of 2013 & 19637 of 2013 & M.P. Nos. 2 & 3 of 2013 & 1 to 4 of 2013
Decided on : 12-08-2013

The principle of res judicata applies to writ proceedings, meaning that a final decision in a previous litigation between the same parties on the same cause of action is binding in subsequent proceedings.

Headnote:

The court's decision in this case was based on the following key legal principles: 1. The principle of res judicata applies to writ proceedings, meaning that a final decision in a previous litigation between the same parties on the same cause of action is binding in subsequent proceedings. 2. The removal of an ex-officio member of a society cannot be effected by the general body or the board of directors, as such membership is not based on election, appointment, or nomination, but rather on holding a specific position. 3. The secretary of a college is to be elected by the general body of the society, and not by the board of directors. 4. A mere registration of an FIR against a person does not carry any stigma or disqualification for holding office in a society or college. 5. In the interest of maintaining peace and tranquillity in a college, the court may direct an interim arrangement for the administration of the college, such as the nomination of directors by the bishops of the dioceses to jointly discharge the functions of the secretary until a final decision is reached by the civil court.

Fact of the Case:

The case involved a dispute over the post of Secretary of St. Jude's College, a Christian Minority Educational Institution, between the petitioner, Rev. Fr. S. Joseph Baskaran, and the 4th respondent, Rev. Fr. Francis M. Vincent. The petitioner claimed to have been elected as the Secretary in a general body meeting held on 17.09.2011, while the 4th respondent claimed to have been re-elected in a general body meeting held on 16.08.2012. The Director of Collegiate Education had approved the appointment of the 4th respondent as the Secretary based on the order of the court in W.P.No.28989 of 2012, which directed the Director to consider the representation made by the 4th respondent on 10.10.2012. The petitioner challenged this order, arguing that the 4th respondent was not duly elected and that the impugned order was passed without considering the petitioner's proposal for approval as the Secretary.

Finding of the Court:

The court found that the 4th respondent was an ex-officio member of the society by virtue of his position as Parish Priest of Ramanthurai Parish within the Colachal Vicariate, and that such membership could not be removed by the general body or the board of directors. The court also found that the 4th respondent had been removed from the post of Secretary of the College on 17.03.2010, and that this removal was not challenged by the 4th respondent in any civil court. Therefore, the court held that the 4th respondent was not the Secretary of the College on or after 17.03.2010, and that the principle of res judicata applied to this issue.

Issues: 1. Whether the 4th respondent was an ex-officio member of the society and whether such membership could be removed by the general body or the board of directors. 2. Whether the 4th respondent had been duly elected as the Secretary of the College in the general body meeting held on 16.08.2012. 3. Whether the impugned order was passed without considering the petitioner's proposal for approval as the Secretary.

Ratio Decidendi: The court held that the 4th respondent was an ex-officio member of the society by virtue of his position as Parish Priest of Ramanthurai Parish within the Colachal Vicariate, and that such membership could not be removed by the general body or the board of directors. The court also found that the 4th respondent had been removed from the post of Secretary of the College on 17.03.2010, and that this removal was not challenged by the 4th respondent in any civil court. Therefore, the court held that the 4th respondent was not the Secretary of the College on or after 17.03.2010, and that the principle of res judicata applied to this issue.

Final Decision: The court set aside the impugned order of the Director of Collegiate Education approving the appointment of the 4th respondent as the Secretary of the College and directed the Director to keep the proposals for the appointment of both the petitioner and the 4th respondent in abeyance. The court also directed the parties to approach the civil court to resolve the dispute over the post of Secretary and directed the civil court to dispose of the suit expeditiously. As an interim arrangement, the court directed the Bishop of Diocese of Kottar and the Bishop of Diocese of Trivandrum to nominate one member each from the Board of Directors to jointly discharge the functions of the Secretary of the College until a final decision was reached by the civil court.