ORDER :

As the issue raised in these writ petitions are one and the same or common, at the request of the learned counsel for both parties, both these writ petitions were heard together and are being disposed of with this common order.

2. The prayer in these writ petitions is for a Writ of Certiorari, calling for the records relating to the impugned proceeding issued by the 4th respondent, Chief Educational Officer in Na.Ka.No.1261/A4/2020, dated 11.03.2020 and the consequential proceedings of the 5th respondent, DEO in Na.Ka.No.639/A5/2019 dated 15.07.2020 and quash the same insofar as the petitioner schools are concerned.

3. The petitioners' schools are recognised minority institutions getting aid from the Government for the teaching, non-teaching staff and has been imparting education for several years. The issue is, on 30.01.2020 i.e., the death anniversary of Father of Nation Mahathma Gandhiji, also being considered as Martyrs' Day, it seems that, there had been an agitation by an NGO called “'Thamilaga Makkal Otrumai Medai”. In the said agitation, it was claimed by the school side that, the agitation was peacefully conducted by raising some slogans.

4. In the said agitation, among the various public participation, the students of these two schools as well as the teachers also seems to have participated, of course, after school hours. Since the said agitation was not organized by the schools or its Management, that too, it was since conducted after school hours, the Management of these two schools, according to them, had no role to play.

5. When that being the position, it seems that, a notice was issued by the District Educational Officer, Srivilliputtur (R5) on 03.02.2020, seeking explanation as to how the students and teachers in uniform had participated in the said agitation conducted by the NGO called “Makkal Otrumai Medai”, where allegedly slogans were raised against the Citizenship (Amendment) Act, 2019. Pursuant to the said show cause notice dated 03.02.2020, both the schools have sent separate reply on 04.02.2020, where the schools have given their reply stating that, the agitation against Citizenship (Amendment Act), National Population Register (NPR) and National Register of Citizens (NRC), was not conducted by the school or its Management and the same since has been conducted after school hours, the students and teachers while they were returning from school to their home, voluntarily participated in the protest without any idea of the organizers of the protest. The explanation further stated by the schools is that, it was a peaceful human chain protest without causing any nuisance to the general public and it was also well regulated by the police and therefore, the schools state that, they had a reason to believe that the present notices, which are in reply, issued at the instance of some political parties and some religious outfits in order to damage the reputation of the schools. Therefore, the schools seems to have requested the official authorities to accept the said reply and drop all further proceedings. However, it seems that, not satisfied with the said reply given by the schools management, the official respondents has passed the present impugned orders, thereby, they directed or insisted upon the petitioners schools management to take action against the teachers working in their school, who reportedly participated in the said agitation on 30.01.2020. Aggrieved over the said order passed by the District Educational Officer, the present writ petitions have been filed with the aforesaid prayer.

6. Heard Mr.Isaac Mohanlal, learned senior counsel appearing for the petitioner schools, who would submit that, the said agitation dated 30.01.2020 was not sponsored or supported by the schools management. Neither the school management nor its correspondent has given any directive or permission either to the teachers or to the students to participate in the said agitation. However, since the agitation was organized by