IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.10.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 6 296 of 2025 and WMP.No.6930 of 2025 R.Sagayanathan ... Petitioner Vs.

1.The Director of Elementary Education, DPI Campus, College ROAD, CHENNAI-06

2.THE JOINT DIRECTOR OF ELEMENTARY EDUCATION, (AIDED SCHOOLS), DPI CAMPUS, COLLEGE ROAD, CHENNAI-06

3.THE DISTRICT EDUCATIONAL OFFICER(ELEMENTARY), THIRUVARUR, THIRUVARUR DISTRICT

4.THE BLOCK EDUCATIONAL OFFICER-II, NANNILAM, THIRUVARUR DISTRICT

5.G.VAIDYANATHAN ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 10.12.2024 made in Na.Ka.No.023690/H4/2024 passed by the 2nd respondent, quash the same and consequently direct the respondents 3 and 4 to disburse the staff and maintenance grants aid of the K.M.Gurusamy Pillai Government Aided Middle school, Thirukottaram to the school committee recognized by the 3rd respondent on 23.05.2023 vide Proceedings made in Na.Ka.No.1251/A4/2023.

For Petitioner : Mr.N.Manoharan for Mr.R.T.Vishnu For Respondents For R1 to 4 : Mr.S.Prabhakaran, Government Advocate

O R D E R

This writ petition has been filed challenging the order passed by the second respondent dated 10.12.2024.

2. The petitioner is the Secretary of the School i.e. KM Gurusamy Pillai Government Aided Middle School (hereinafter called as ‘the school’). It was established in the year 1936 by KM Gurusamy Pillai and his brother. The subject school is a Government Aided Middle School. After demise of the said KM Gurusamy Pillai, his elder son KMG Malaiperumal was managing the School as Secretary. Thereafter, the petitioner was appointed as Secretary and the same was recognised by the third respondent. The same was renewed from time to time. While being so, the petitioner’s wife and the petitioner formed KMG Educational and Charitable Trust for administration of the school. The trust deed was duly registered vide document No.299 of 2013 dated 03.06.2013. The trust is the educational agency formed as per Section 12 of the Tamil Nadu Private Schools (Regulation) Act, 2019. The petitioner was appointed as Secretary of the school committee and the same was duly recognised by the third respondent and the same was renewed till 23.02.2026. In the meanwhile, the petitioner attained age of superannuation and he retired from the post of Headmaster on 31.05.2023. But the petitioner still continues as Secretary of the School Committee. While being so, the third respondent passed order on 06.07.2023 by misconstruing the petitioner’s retirement from the post of Headmaster and directed direct payment of grants. It was challenged before this Court in WP.No.31546 of 2023. The fifth respondent also filed WP.No.34338 of 2023 claiming himself as Secretary of the school. This Court by common order dated 18.09.2024 directed the Joint Director, Aided Schools (Elementary) DPI Campus, Chennai to pass orders in accordance with law to decide the school committee and also its Secretary after giving notice to all the parties. As directed by this Court, the second respondent conducted enquiry. The fifth respondent produced documents in the name of the petitioner as if the petitioner resigned from his Secretaryship. Therefore, the second respondent passed order dated 10.12.2024 directing the third respondent to approve the change in the educational agency as per Rules 37(1) of the Tamilnadu Private Schools (Regulation) Rules, 2023 (hereinafter called as ‘the Rules’).

3. The learned counsel for the petitioner would submit that the power to nominate and change the Secretary of the school committee is vested with the educational agency subject to the approval of the third respondent under Section 14(4) of the Tamilnadu Private Schools (Regulation) Act, 2019 (hereinafter called as ‘the Act’) and Rule 25 (1) & (2) of the Rules. The third respondent can remove the Se