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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. SUNDAR, J.
Ramaswamy Pillai Higher Secondary School, Through its Secretary/Correspondent, I.C. Shunmugavelayutham & Others – Petitioners
Versus
The Secretary, Department of School Education, Secretariat, Chennai & Others – Respondents
W.P.(MD) Nos. 3817 of 2018, 8226, 9708, 13221 of 2019 & W.M.P.(MD)Nos. 3948 & 5110 of 2018, 6463, 9853, 9854 & 18638 of 2019
Decided On : 15-11-2019
Writ Petitions - Educational Society - The Societies Registration Act, 1860, The Tamil Nadu Societies Registration Act, 1975, The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 - The Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 - [I-WP, II-WP, III-WP, IV-WP] - [The Societies Registration Act, 1860, The Tamil Nadu Societies Registration Act, 1975, The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, The Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974] - The court discussed the application of The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and The Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 to the school run by the society. It also highlighted the importance of following the procedure and natural justice principles in passing orders under the rules.
Fact of the Case:
The case involved four writ petitions arising from a common factual matrix related to an educational society and a school run by the society. The petitions addressed issues such as the impugned order for direct payment, the election of the school committee, and the approval of Form VII under the TN Societies Act.
Finding of the Court:
The court found that the impugned order in I-WP was passed in unholy haste and without holding an enquiry or providing an opportunity for a personal hearing. It also found that the impugned order did not establish special circumstances as required by the rules. The court directed parties to await the outcome of a civil suit and expedited its disposal within nine months.
Issues: The main issues included the validity of the impugned order for direct payment, the election of the school committee, and the approval of Form VII under the TN Societies Act.
Ratio Decidendi: The court held that the impugned order in I-WP was passed in unholy haste and without establishing special circumstances as required by the rules. It also emphasized the importance of following the procedure and natural justice principles in passing orders under the rules.
Final Decision: W.P.(MD)No.3817 of 2018 was allowed, and the other writ petitions were disposed of with the direction to await the outcome of a civil suit and expedite its disposal within nine months. No costs were awarded, and connected miscellaneous petitions were closed.
ORDER :
(W.P.(MD)No.3817 of 2018 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the impugned order of direct payment passed by the fourth respondent herein in his proceedings in Na.Ka.No.641/Aa3/2018 dated 20.02.2018 in respect of petitioner School.
W.P.(MD)No.8226 of 2019 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to make direct payment to the employees of the third respondent School Governed by the second respondent.
W.P.(MD)No.9708 of 2019 is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent herein to consider the writ petitioner's application/representation dated 18.02.2019 for approval of Form VII of the Ilanji Kalvi Sangam for the period 2019 – 2022 and pass appropriate orders within a time stipulated by this Court and pass such other further orders that may deemed to be fit and proper in the facts and circumstances of the case and thus render justice.
W.P.(MD)No.13221 of 2019 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent in his proceedings in Na.Ka.No.3233/Oo/2019 dated 28.05.2019 and quash the same as illegal and further direct the second respondent/Competent Authority to accept the Form VII of the Ilanji Kalvi Sangam for the period of 2019 – 2022 and pass appropriate orders within a time stipulated by this Court. (Prayer amended vide order dated 01.10.2019 made in W.M.P(MD)No.17771 of 2019))
1. This common order will dispose of these four writ petitions which arise out of a broad common factual matrix.
2. All these four writ petitions were listed together at the request of all counsel concerned and all these four writ petitions were heard out together with the consent of all counsel concerned. Likewise, with consent of all counsel concerned in these four writ petitions, main writ petitions were heard out and are now being disposed of by this common order.
3. For the sake of convenience and clarity, these four writ petitions, namely W.P.(MD) Nos.3817 of 2018, 8226, 9708 and 13221 of 2019 shall be referred to as 'I-WP, II-WP, III-WP and IV-WP' respectively.
4. Broad factual matrix containing facts that are imperative for appreciating this order (sans unnecessary details and particulars) are as follows:
(b) Said society was registered under a Central Act, namely The Societies Registration Act, 1860 and has the registration No.1/1918-19. After the advent of 'The Tamil Nadu Societies Registration Act, 1975 (Act 27 of 1975)', which shall hereinafter be referred to as 'TN Societies Act' for brevity, said society became a society registered under the TN Societies Act inter-alia by operation of Section 53 of TN Societies Act.
(c) Said society runs an educational institution, i.e., a school which goes by the name 'Ramaswamy Pillai Higher Secondary School' (hereinafter 'said school' for brevity). Said school is an aided non minority private school.
(d) Said society is constituted by 49 members according to writ petitioner in I-WP, whereas according to writ petitioner in II-WP, it is constituted by 51 members.
(e) Said society is governed by a set of bylaws. According to these bylaws, an Executive Committee consisting of 9 members in all, 8 elected and 1 hereditary, shall be elected/appointed for triennium periods, i.e., once in three years. Last triennium for which Executive Committee was elected is 2016-19. To be noted, there is no disputation in this regard. The Executive Committee for the triennium period which is now underway, i.e., 2019-22 is subject matter of dispute in II-WP, III-WP and IV-WP.
(f) Said school run b
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