SARASWATHI PRIMARY SCHOOL vs THE DISTRICT ELEMENTARY

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(MAD) 7496

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024 CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)Nos.1289 of 2011, 9873 & 13354 of 2014 & 4459 of 2015 and M.P(MD)Nos.1 of 2011, 2 of 2014, 1 & 2 of 2015, 2 of 2014, 3 of
2015
1.W.P(MD)No.1289 of 2011:
Saraswathi Primary School, Represented by its Secretary, S.Subbulakshmi, 208, Kalyanasundara Vinayagar Koil Street, Muthusamypuram, Mugavoor, Rajapalayam Taluk, Virudhunagar District. ... Petitioner vs.
1.The District Elementary Educational Officer, Virudhunagar.
2.The Assistant Elementary Educational Officer, Rajapalayam, Virudhunagar District.
3.K.Soundarajan ... Respondents [ R – 3 impleaded as party respondent vide order dated 08.02.2011 in M.P(MD)No.2 of 2011]
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the first respondent in his proceedings Na.Ka.No.5260/A2/2010, dated 21.01.2011 and quash the same.
For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondent Nos.1 & 2 : Mr.D.Sadiq Raja Additional Government Pleader For Respondent No.3 : Mr.E.V.N.Siva
2.W.P(MD)No.9873 of 2014:
Saraswathi Primary School, By its Educational Agency, S.Subbulakshmi, 208, Kalyanasundara Vinayagar Koil Street, Muthusamypuram, Rajapalayam Taluk, Virudhunagar District. ... Petitioner vs.
1.The District Elementary Educational Officer, Virudhunagar.
2.The Assistant Elementary Educational Officer, Rajapalayam, Virudhunagar District.
3.K.Soundararajan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the entire records in connected with the impugned order passed by the first respondent by his proceedings in Na.Ka.No.5260/A2/2010, dated 21.01.2011 approving the third respondent as Educational agency for Saraswathy Primary School, Muthusamypuram, Mugavoor, Rajapalayam Taluk, Virudhunagar District and quash the same and directing the first respondent to approve the petitioner as educational agency of the petitioner School.
For Petitioner : Mr.M.Chinnadurai For Respondent Nos.1 & 2 : Mr.D.Sadiq Raja Additional Government Pleader For Respondent No.3 : Mr.E.V.N.Siva
3.W.P(MD)No.13354 of 2014:
Saraswathi Primary School, By its Educational Agency, S.Subbulakshmi, 208, Kalyanasundara Vinayagar Koil Street, Muthusamypuram, Rajapalayam Taluk, Virudhunagar District. ... Petitioner vs.
1.The District Elementary Educational Officer, Virudhunagar.
2.The Assistant Elementary Educational Officer, Rajapalayam, Virudhunagar District.
3.K.Soundararajan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the entire records in connected with the impugned order passed by the first respondent by his proceedings in Na.Ka.No.1477/A2/2012, dated 15.06.2014 regarding shifting of the petitioner School Saraswathy Primary School, Muthusamypuram, Mugavoor, Rajapalayam Talum, Virudhunagar District anc quash the same.
For Petitioner : Mr.M.Chinnadurai For Respondent Nos.1 & 2 : Mr.D.Sadiq Raja Additional Government Pleader For Respondent No.3 : Mr.E.V.N.Siva
4.W.P(MD)No.4459 of 2015:
S.Anitha ... Petitioner vs.
1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai – 9.
2.The District Elementary Education Officer, Office of the District Elementary Education Officer, Virudhunagar.
3.The Assistant Elementary Education Officer, Office of the Assistant Elementary Education Officer, Rajapalayam, Virudhunagar District.
4.K.Soundararajan
5.S.Subbulakshmi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records connected with the impugned order passed by the second respondent by his proceedings in Na.Ka.No.5260/A2/2010, dated 21.01.2011 approving the fourth respondent as Educational agency for Saraswathy Primary School, Muthusamypuram, Mugavoor, Rajapalayam Taluk, Virudhunagar District and quash the same and directing the second respondent to approve the petitioner as Educational Agency of the petitioner School.
For Petitioner : Mr.A.John Vincent For Respondent Nos.1 to 3 : Mr.D.Sadiq Raja Additional Government Pleader For Respondent No.4 : Mr.E.V.N.Siva

COMMON ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.)

Since the issues involved in the Writ Petitions are one and the same, they are taken up together and are being disposed of, by this common order.

2.One S.Subbulakshmi, Secretary of the petitioner/Saraswathi Primary School has filed W.P(MD)No.1289 of 2011 challenging the order dated 21.01.2011 passed by the first respondent/District Elementary Education Officer in Na.Ka.No.5260/A2/2010, whereby and whereunder the Secretaryship granted in her favour for the petitioner School has been cancelled.

3.The said S.Subbulakshmi, in the capacity of Educational Agency, has filed W.P(MD)No.9873 of 2014 challenging the order dated 21.01.2011 passed by the first respondent/District Elementary Education Officer in Na.Ka.No.5260/A2/2010, whereby and whereunder the Secretaryship and Educational Agency granted in favour of the third respondent/Soundararajan has been approved.

4.The said S.Subbulakshmi, in the capacity of Educational Agency, has also filed W.P(MD)No.13354 of 2014 challenging the order dated 15.06.2014 passed by the first respondent/District Elementary Education Officer in Na.Ka.No.1477/A2/2012, whereby and whereunder certain documents have been called for to consider the request made by the third respondent/Soundararajan to shift the petitioner School.

5.One S.Anitha has filed W.P(MD)No.4459 of 2015 challenging the order dated 21.01.2011 passed by the first respondent/District Elementary Education Officer in Na.Ka.No.5260/A2/2010, whereby and whereunder the Secretaryship and Educational Agency granted in favour of the third respondent/Soundararajan has been approved.

6.The brief facts of the case in W.P(MD)Nos.1289 of 2011, 9873 of 2014 and 13354 of 2014 are as follows:

6.1.The petitioner/S.Subbulakshmi is the Educational agency and Secretary of Saraswathy Primary School, Rajapalayam Taluk, Virudhunagar District. The said School was started in the year 1919 by one Sundaram Pillai. In the beginning, the said School was running at a rental building which belongs to one Marimuthu Moopanar. The said Marimuthu Moopanar, after constructing a concrete building, handed over the same to the School as gift on 30.09.1950. From the beginning till the year 1968, the said School was managed by Sundaram Pillai. Thereafter, it was managed by his son viz., Subramanian Pillai. While he was discharging his duty as the President, he created a Society under the name and style of 'Sundaram Pillai Memorial Educational Society' and the same was duly registered under the Societies Registration Act on 13.10.1995. As per the by-law, the said Subramanian Pillai was acting as Secretary of the Society and the School committee. In the said circumstances, the abovesaid Subramanian Pillai executed a Will bequeathing the Secretaryship of the Society and the School committee in favour of his grandson Muthuvel. According to the petitioner, the abovesaid Subramanian Pillai did not have any right over the School Building and the Committee and he has no right to execute such a Will. The said Subramanian Pillai died on 29.10.1997. After his death, one Sundararaman was duly elected as Secretary of the Society and the School committee. The abovesaid Sundaraman's tenure came to an end in the year 2020. As the Society failed to elect the next Secretary, the Assistant Elementary Educational Officer took over the Management of the Society. In the said circumstances, the abovesaid Sundararaman executed a deed in favour of one Soundararajan transferring the Secretaryship of the Educational Agency. Further according to the petitioner, the abovesaid Soundararajan has no right to hold the post of the Educational Agency as well as the Secretary. As per the by-laws, the person, who is holding the post of Secretary of the Society, may entitle to hold the post of Secretary of the School. Hence the abovesaid Soundararajan cannot act as the Secretary of the School, as he does not hold any post in the Society.

6.2.In the said ci

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