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2022 Supreme(Online)(MAD) 6585
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 04.04.2022 DELIVERED ON : 13.04.2022 CORAM THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)Nos.20311 and 22420 to 22422 of 2021 and W.M.P(MD)Nos.16970, 16972,18958,18962 and 18961 of 2021 W.P.(MD)No.20311 of 2021:-
P.Jeyasingh Malraj ... Petitioner vs.
1.The Chief Educational Officer, Tirunelveli District.
2.The District Educational Officer, Tirunelveli District.
3.The District Educational Officer, Valliyoor, Tirunelveli District.
4.The District Educational Officer, Chernmahadevi, Tirunelveli District.
5.The District Educational Officer, Tiruchendur, Thoothukudi District.
6.S.Thomas Walker
7.Anantharajan
8.David Estephenson ... Respondents 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.
For Petitioner :Mr.Prabhua Rajadurai For R1 to R5 :Mr.N.GA.Nataraj Government Advocate For R6 to R8 :Mr.Isaac Mohanlal Senior Counselling for M/s.Isaac Chambers W.P.(MD)No.22420 of 2021:-
Tirunelveli CMS-Evangelical Church Society, represented by its S.Thomas Walker, Tirunelveli District. ... Petitioner vs.
1.The Commissioner of School Education, College Road, Chennai – 600 006.
2.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
3.The District Educational Officer, Chernmahadevi, Tirunelveli District.
4.The Block Educational Officer, Cheranmahadevi, Tirunelveli District. ... Respondents PRAYER: 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.
For Petitioner :Mr.Isaac Mohanlal Senior Counselling for M/s.Isaac Chambers For Respondents :Mr.N.GA.Nataraj Government Advocate W.P.(MD)No.22421 of 2021:-
Tirunelveli CMS-Evangelical Church Society, represented by its S.Thomas Walker, Tirunelveli District. ... Petitioner vs.
1.The Commissioner of School Education, College Road, Chennai – 600 006.
2.The Chief Educational Officer, Thoothukudi District, Thoothukudi.
3.The District Educational Officer, Thiruchendur, Thoothukudi District.
4.The Block Educational Officer, Alwarthirunagari at Thenthiruperai, Thoothukudi District. ... Respondents PRAYER: 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.
For Petitioner :Mr.Isaac Mohanlal Senior Counselling for M/s.Isaac Chambers For Respondents :Mr.N.GA.Nataraj Government Advocate W.P.(MD)No.22422 of 2021:-
Tirunelveli CMS-Evangelical Church Society, represented by its S.Thomas Walker, Tirunelveli District. ... Petitioner vs.
1.The Commissioner of School Education, College Road, Chennai – 600 006.
2.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
3.The District Educational Officer, Tirunelveli, Tirunelveli District.
4.The Block Educational Officer, Palayamkottai, Tirunelveli District. ... Respondents PRAYER: 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.
For Petitioner :Mr.Isaac Mohanlal Senior Counselling for M/s.Isaac Chambers For Respondents :Mr.N.GA.Nataraj Government Advocate *****
C O M M O N O R D E R
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. Since Form-VII was kept pending by the District Registrar, the society filed W.P.(MD)No. 2924 of 2020 seeking for issuance of a Mandamus directing the District Registrar to consider the Form-VII, dated 26.11.2019.
6.This Court by its order, dated 28.01.2020 disposed of W.P.
(MD)No.2924 of 2020 by directing the District Registrar to consider the Form-VII, dated 26.11.2019 and pass orders on the same. By order, dated 29.06.2020, the District Registrar refused to register Form-VII vide his proceedings, dated 29.06.2020 on the ground that as per the circular of the Inspector General of Registration in Ref.No.72011(No. 34579/11/2011), dated 27.07.2011, without registering the Form-VII of the previous years, the current Form-VII cannot be registered. W.P. (MD)No.10532 of 2021 was filed by the society challenging the above order, dated 29.06.2020 passed by the District Registrar. By order, dated 28.09.2020, this Court quashed the order, dated 29.06.2020 passed by the District Registrar and remanded the matter back to the District Registrar for fresh consideration.
7.According to the petitioner (society), in the interregnum, some office bearers resigned their position and hence, the society convened another general body meeting and made few changes in the constitution of the committee and submitted a revised Form-VII together with Form- VII, dated 26.11.2019 with the District Registrar. By order, dated
21.06.2021, the District Registrar vide his proceedings, after enquiry with the parties,registered the Form-VII.
8.Mr.P.Jeyasingh Malraj,
