The court invoked Section 18-A of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, to address the maladministration and lapses affecting the school's functioning.

JUDGMENT

(Prayer: Contempt Petition (MD) No.822/2022 filed Under Section 11 of the Contempt of Court Act, 1971, to punish the contemnor for the deliberate and wilful disobedience of the order dated 27.04.2022 passed by this Court in W.P. (MD).No.14823 of 2020.  Contempt Petition (MD) No.823/2022 filed Under Section 11 of the Contempt of Court Act, 1971, to punish the contemnor for the deliberate and wilful disobedience of the order dated 27.04.2022 passed by this Court in W.P. (MD).No.14825 of 2020.)

Common Order:

1. Alleging willful disobedience of the order dated 27.04.2022, passed in W.P. (MD).Nos.14823 and 14825 of 2020, dated 27.04.2022, the present contempt petitions have been filed

2. The petitioners are mother and son who were working as Headmistress and Office Assistant in Muthukaruppan Memorial Higher Secondary School, Subbammalpuram, Sillakulam Post, Ottapidaram (Taluk), Thoothukudi District. The petitioners and the contemnor’s are related to each other. In that, the contemnor and the petitioner in W.P. No.14823/2020 are brother and sister, whose forefathers had started the school in the year 1930. The respondent is the Secretary of Muthukaruppan Memorial Higher Secondary School. The school is under the management of respondent. Due to inter se dispute between the petitioners and the respondent, departmental action was initiated against the petitioners resulting in the filing of the writ petition, in which this Court quashed the proceedings and issued a series of directions, including a direction to appoint an enquiry officer to enquire into the dispute and to submit a report.

3. The main allegation raised by the petitioners against the respondent is that the respondent, who is the Secretary of the School, is intent on appointing his son as the Headmaster of the school in the place of the petitioner in W.P. No. 14823/2020. Contrarily, the respondent claims that the petitioners are trying to usurp the property by the petitioner in W.P. (MD) No.14823/20 appointing her own son as the Office Assistant in the school.

4. The off-shoot of the dispute is the initiation of disciplinary proceedings as against the petitioners by issuance of order of suspension, which resulted in the filing of the writ petitions, in which this Court had passed the following order:-

“7. When the parties have arrived at a consensus for a consent order and made submissions accordingly, this Court thought fit to give quietus to the issues as the facts are complex in nature and further the Management people and the petitioners are close relatives. In view of the consent expressed by the respective parties to the writ petitions through the learned Senior Counsel for the petitioners and the learned counsels appearing for the respondents, this Court is inclined to pass the following orders:

(i) The impugned orders of suspension, dated 07.10.2020, passed by the respondents 4 and 6 are quashed. The petitioners are directed to be reinstated into service forthwith.

(ii) The District Adi Dravidar Welfare Officer, Thoothukudi District, is directed to appoint an Enquiry Officer not below the rank of a retired District Educational Officer for the purpose of conducting domestic enquiry, within a period of two weeks from the date of receipt of a copy of this order.

(iii) The District Adi Dravidar Welfare Officer, Thoothukudi District, shall fix remuneration to be paid to the Enquiry Officer by the Management of the respondent School.

(iv) The Enquiry Officer, as appointed by the District Adi Dravidar Welfare Officer, shall commence the enquiry proceedings immediately by issuing notice to all the parties to the writ petitions by fixing a date and time and proceed with the enquiry by following the procedures as contemplated.

(v) Opportunity of hearing must be provided to all the parties and the enquiry report is directed to be submitted within a period of three months from the date of commence