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2022 Supreme(Mad) 1503
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
P. Jeyasingh Malraj & Another - Appellant
Versus
The Chief Educational Officer, Tirunelveli & Others - Respondent
W.P.(MD)Nos. 20311 & 22420 to 22422 of 2021 & W.M.P(MD)Nos. 16970, 16972,18958,18962 & 18961 of 2021
Decided On : 13-04-2022
For the Parties:N.GA. Nataraj, Government Advocate, R6 to R8, Isaac Mohanlal, Senior Counselling for M/s. Isaac Chambers, Prabhua Rajadurai, Advocates.
The District Educational Officers cannot deny registration of correspondentship of schools after the District Registrar has registered the Form-VII relating to the election of the educational society under the Societies Registration Act, 1975.
Headnote:
Societies Registration Act - Registration of Correspondentship - Section 15, Rule 17 - The court held that the District Educational Officers cannot deny registration of correspondentship of schools after the District Registrar has registered the Form-VII relating to the election of the educational society. The acceptance of Form-VII by the Registrar is a ministerial act and cannot be challenged by way of a Writ Petition under Article 226 of the Constitution of India. The recognition of correspondentship is only a consequential act pursuant to the registration of Form-VII by the District Registrar under the Societies Registration Act. Unless a Civil Court declares the election of the committee for a Society as invalid or there is a restraint order by a Civil Court pending disposal of the civil suit, the question of refusing to recognize the correspondentship will not arise.
Fact of the Case:
The dispute involved the registration of correspondentship of schools by the District Educational Officers after the District Registrar registered the Form-VII of the society under the Tamil Nadu Societies Registration Act, 1975. The petitioner challenged the non-registration of correspondentship of several schools by the District Educational Officers.
Finding of the Court:
The court found that the District Educational Officers cannot deny registration of correspondentship of schools after the District Registrar has registered the Form-VII relating to the election of the educational society. The acceptance of Form-VII by the Registrar is a ministerial act and cannot be challenged by way of a Writ Petition under Article 226 of the Constitution of India.
Issues: The issues involved the registration of correspondentship for schools belonging to the society and the validity of the election of the committee for the society.
Ratio Decidendi: The court held that the District Educational Officers are bound to register the correspondentship of schools run by the society once the Form-VII has been registered by the District Registrar, unless a Civil Court declares the election of the committee for a Society as invalid or there is a restraint order by a Civil Court pending disposal of the civil suit.
Final Decision: W.P.(MD)No.22420, 22421 and 22422 of 2021 are allowed, and W.P.(MD)No.20311 of 2021 is dismissed. The impugned order dated 22.11.2021 is quashed, and the District Educational Officers are directed to register the correspondentship of the schools run by the petitioner society based on the proposals submitted by the society. The order impugned in W.P.(MD)No.20311 of 2021, dated 01.11.2021, is confirmed.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the impugned order in Na.Ka.No.1744/Aa2/2021, dated 01.11.2021 on the file of the third respondent and quash the same.
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent District Educational Officer, in Na.Ka.No.1668/A4/2021, dated 22.11.2021 and quash the same and further to direct the third respondent/District Educational Officer to register forthwith S.David Stephen as Correspondent of the six schools run by the petitioner Society (list annexed) on the basis of the proposal, dated 05.07.2021 submitted by the petitioner.
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third respondent DEO to register forthwith P.Anandharajan as Correspondent of the CMS Primariy School, Shenpankudiyuruppu run by the petitioner society on the basis of the proposal, dated 03.11.2021 submitted by the petitioner.
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third respondent DEO to register forthwith P.Anandharajan and S.David Stephen as Correspondent of the three schools run by the petitioner society (list annexed) on the basis of the proposal, dated 05.07.2021 submitted by the petitioner.)
Common Order
1. The dispute involved in these Writ Petitions revolves around Tirunelveli CMS-Evangelical Church Society, (hereinafter referred to as “the society”), which is a registered society registered under the Tamil Nadu Societies Registration Act, 1975.
2. The cause of action for filing of these Writ Petitions are as follows:
(1) Acceptance of registration of correspondentship of 17 schools by the District Educational Officer, Valliyoor on 01.11.2021 pursuant to the registration of Form-VII of the society by the District Registrar. The petitioner in W.P.(MD)No.20311 of 2021, has challenged the acceptance of the correspondentship of 17 schools by the District Educational Officer, Valliyoor, on 01.11.2021.
(2) Declining to register the correspondentship of six schools, which falls within the jurisdiction of District Educational Officer, Cheranmahadevi, by the District Educational Officer, in his order, dated 22.11.2021. W.P(MD)No.22420 of 2021 has been filed by the Society challenging the proceedings of the District Educational Officer, Cheranmahadevi, dated 22.11.2021 declining to register the correspondentship of six schools;
(3) In W.P.(MD)No.22421 of 2021, the Society has questioned the non-registration of correspondentship of CMS Primary School, Shenpankudiyuruppu, by the District Educational Officer, Thiruchendur, despite the receipt of the proposal, dated 03.11.2021 from the petitioner.
(4) In W.P(MD)No.22422 of 2021, the Society has questioned the non-registration of correspondentship of three schools, despite the receipt of the proposal, dated 05.07.2021 by the District Educational Officer, Tirunelveli.
3. Brief facts leading to the filing of these Writ Petitions:
4. The society is running 27 schools under the jurisdiction of four educational districts, as detailed hereunder:
(a) District Educational Officer, Valliyoor, 17 schools;
(b) District Educational Officer, Cheranmahadevi, 6 schools;
(c) District Educational Officer, Tiruchendur, one school; and
(d) District Educational Officer, Tirunelveli, 3 schools.
5. As per the bye-laws of the society, the Correspondent of the school will be elected by the general body of the society. According to the petitioner (Society) in W.P.(MD)Nos.22420, 22421 and 22422 of 2021, the election for the society was conducted by the general body for the triennium, 2019-22 on 16.11.2019. It is their case that Form-VII was submitted before the District Registrar on 26.11.2019.
