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2025 Supreme(Online)(Mad) 31226
IN THE HIGH COURT OF JUDICATURE AT MADRAS
,
Petitioner – Appellant
Versus
First respondent – Respondent
W.P.No.3457 of 2024 | Crl.O.P.No.3619 of 2024 | O.S.No.300 of 2019 | SLP No.4205 of 2024
For the Appellants/Petitioners: Learned Senior Counsel
For the Respondents:Learned Government Advocate, Learned Senior Counsel for Fourth respondent, Learned counsel for Fifth respondent, Learned Senior counsel for Sixth respondent
Appointment of a Special Officer under statutory power requires prior notice to school committee, but may be justified to protect student welfare amid internal trust disputes causing maladministration.
Headnote:(A) Tamil Nadu Private Schools (Regulation) Act, 2018 - Section 31 - Appointment of Special Officer - Principles of natural justice - Opportunity of representation mandatory before appointment - Government Order appointing Special Officer without notice held violative of natural justice. (Paras 5, 7.1)
(B) Administration of private educational institutions - Maladministration and misappropriation of funds - Appointment of Special Officer to manage school - Statutory power invoked amid rival trustee disputes affecting student welfare and school functioning. (Paras 3, 7.2, 7.5)
Facts of the case:
The petitioner challenged a Government Order appointing a Special Officer to manage a school amid internal trustee disputes, alleging no maladministration and violation of natural justice due to non-issuance of notice. Multiple litigations and internal conflicts between trustee factions affected the school's administration.
Findings of Court:
The court acknowledged ongoing rivalries disrupting school operations but emphasized the paramount importance of student welfare and school stability. The impugned Government Order was maintained to ensure smooth administration. The petitioner was not entitled to relief as internal disputes continue but the Special Officer’s appointment was justified in the public interest. (Paras 8, 9, 10)
Issues: Whether the appointment of a Special Officer without prior notice violates principles of natural justice and whether the petitioner proved maladministration warranting such appointment.
Ratio Decidendi: Appointment of a Special Officer under Section 31 must be preceded by giving the school committee an opportunity of representation; however, given the evidence of disruption and rivalries, the Government Order appointing the Special Officer was upheld in the interest of students’ education and school welfare.
Result: Writ Petition dismissed.
| Table of Content |
|---|
| 1. trust formation and internal disputes affecting school administration (Para 2 , 3) |
| 2. petitioner's claim of no maladministration and violation of natural justice by appointment of special officer (Para 4 , 5 , 6) |
| 3. court's analysis emphasizing student welfare and need to uphold appointment despite ongoing disputes (Para 8 , 9) |
ORDER
Challenging the Government Order passed by the first respondent in G.O.(Ms) No.216, School Education (MS) Department, dated 03.10.2024, the present petition has been filed by the petitioner and he also seeks a direction from this Court, directing the respondents to allow the petitioner to manage and administer the school with the School Committee existing as on the date of the impugned Government Order.
2. Heard the learned counsels appearing for the petitioner, as well as for the learned counsel for the respondents.
3. The brief facts of the case of the petitioner as averred in the affidavit is as follows:
a) M/s.Ponni Charitable Trust, Samalapuram, Palladam Taluk, Tiruppur District came into existence under a Trust Deed dated 30.01.1995, duly registered in Doc.No.38 of 1995 on the file of the learned Sub-Registrar, Sulur.
b) The said Trust was founded by the following eleven trustees, namely, G.S.Ramaswamy, Arumugam, P.Senniappan, R.Muthusamy, M.Subramanium, M.V.Thangannan, T.Chinnasamy, R.Ramamoorthy, G.Rathinasabapathy, A.Velusamy and G.Manoharan. The main object and purpose of the trust is to provide education at all levels in the area concerned and to provide free medical aid to all poor and needy. The Trust started the school in the name of M/S.Literacy Mission Matriculation Higher Secondary School at Samalapuram during the year 1995.
c) Out of eleven trustees, three trustees namely, G.S.Ramasamy, M.V.Thangannan and T.Chinnasamy resigned as trustees between 1996-2004. The remaining eight trustees have been continuously administering and managing all the activities of the trust and school till 01.02.2017. While that being so, the fourth respondent herein, who was one of the founder trustees was removed from the trust on 02.12.2017 for misappropriation of school funds.
d) During 2019, the fourth respondent along with the fifth respondent herein and resigned trustees created forged documents as they are the existing trustees and conducted Board Meeting on 27.12.2018 and in that, they appointed themselves as President and office bearers of the trust and assumed office from 15.01.2019. On 15.02.2019, they inducted the sixth respondent herein along with two others as trustees. They have no locus standi either to conduct meeting on 27.12.2018 or to induct trustees on 15.02.2019.
e) Be that so, the suit in O.S.No.300 of 2019 was filed by the fourth respondent before the District Court, Tiruppur which was dismissed on 18.10.2023 against which he filed an appeal and the same was also dismissed by this Court. Aggrieved over the same, he filed SLP No.4205 of 2024 which was disposed on 26.02.2024. In the meantime, petitions in W.P.No.3457 of 2024 and Crl.O.P.No.3619 of 2024 were filed by the fourth and fifth respondents seeking police protection, but however the same were also dismissed. Since the fourth respondent made a petition to the second respondent on 02.05.2024, the rival parties were called by the District Educational Officer through notice dated 08.08.2024 and after enquiry, the suggestion was made to the Government to appoint a Special Officer for proper administration of the school considering the welfare of the students, as well as the teachers. The Government passed G.O.(Ms) No.216, School Education Department, dated 03.10.2024 to appoint a Special Officer and the second respondent through his proceedings appointed the District Educational Officer, Tiruppur as Special Officer through proceedings dated 07.10.2024.
4. Aggrieved over the same, the petitioner has come forward with the present Writ Petition.
5. The learned Senior counsel appearing on behalf of the petitioner submitted tha
