Madras High Court
Arcot Lutheran Church vs The Secretary To Government Of Tamil ... on 21 June, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.10733 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.10733 of 2022
and
WMP No.10379 of 2022
Arcot Lutheran Church
Represented by its Secretary ...Petitioner
vs.
1. The Secretary to Government of Tamil Nadu
Department of School Education,
Chennai – 600 009.
2. The Director of School Education
Directorate of School Education
DPI Complex, College Road,
Chennai – 600 006.
3. The Chief Educational Officer
Chief Educational Office
District Educational Office Complex
Kallakurichi – 606 202.
4. The Chief Educational Officer,
Chief Educational Office,
Ponnaiyaar Road, Manjakuppam,
Cuddalore – 607 001.
5. The District Educational Officer,
Thirukovillur – 605 757
Kallakuruchi District.
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W.P.No.10733 of 2022
6. The District Educational Officer,
District Educational Office,
Cuddalore – 607 001. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorari, calling for records pertaining to
Notice dated 13.04.2022 bearing Na Ka No.1631/A4/2022 issued by the
3rd respondent and consequential Circular issued by Respondent No.5
bearing Na.Ka No.1854/A4/2022, dated 19.04.2022 and consequential
Circular bearing Na.Ka. No.3370/A2/2022 dated 20.04.2022 issued by
Respondent No.6 and quash the same.
For petitioner : Mr.Srinath Sridevan
For respondents : Mr.B. Vijay,
Addl. Govt. Pleader
ORDER
This writ petition has been filed challenging the Circulars dated 13.04.2022, 19.04.2022 and 20.04 2022 under which it has been declared that the teaching and non-teaching staff of Minority institution cannot contest in any elections or hold any post or canvass for any contesting candidate.
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2. Heard Mr.Srinath Sridevan, learned counsel for the petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing for the respondents.
3. The learned counsel for the petitioner would submit that the issue is now well settled by a decision of the Hon'ble Division Bench of this Court in the case of Julius Jawahar Devakandan and others vs. the Chief Secretary to Government of Tamil Nadu, Chennai and others in a batch of writ petitions in W.P.(MD) No.10132 of 2015 etc. batch dated 29.10.2021, wherein it has been held that there is no prohibition for teaching and non-teaching staff to contest in an election and to hold any posts in the Church of South India Diocese.
4. In the case on hand, the Church involved is Arcot Luthern Church. In the decision rendered by the Hon'ble Division Bench of this Court referred to supra, though Mandamus was sought for in those writ petitions, to forbear the teaching and non-teaching staff from contesting elections as Office Bearers to Churches, the very same contention that has been raised by the respondents in this writ petition were also raised in those writ petitions. The petitioners in those writ petitions had raised https://www.mhc.tn.gov.in/judis 3/8 W.P.No.10733 of 2022 the very same contention that has been raised by the respondents in this writ petition by contending that teaching and non-teaching staff of Minority institutions cannot contest elections and hold positions in a Church. The Hon'ble Division Bench by its order dated 29.10.2021 referred to supra in the batch of writ petitions, however, rejected the contentions of the petitioners therein and held that there is no provision for the teaching and non-teaching staff of Minority institutions to contest in elections for holding the positions as Office Bearers in a Church.
5. The relevant paragraph of the Division Bench judgment dated 29.10.2021 referred to supra are as follows :-
6.As per Rule 14-A of the Tamil Nadu Government Servants Conduct Rules, 1964, the Government servants are prohibited from being a member of, or be otherwise associated with any organization which promotes or attempts to promote disharmony or feelings of enmity or hatred or ill-will between different religious, racial, language or regional groups or castes or communities on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever. As regards participation in purely religious activities, the freedom to profess and practice any religion is guaranteed under Article 25 of the Constitution of India. The Government servants while they are free to profess and practice any religion in their private lives, should conduct themselves in public as to leave no room for any impression to arise that they do not subscribe to the secular philosophy https://www.mhc.tn.gov.in/judis 4/8 W.P.No.10733 of 2022 of the State. The Church of South India Diocese is having its own rules, regulations or by-laws to govern the affairs and conduct of the teaching and non-teaching staffs employed in the Schools which are functioning under the Diocese. Rule 16(1) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974, prescribes the code of conduct for Teachers and non-teaching staffs employed in private schools. As per Rule 8 of the said Rules, no teacher or other person employed in a private school shall contest or participate in or canvass for any elections. Such restriction will not, however, apply to the teachers in respect of elections to the Teachers' Constituencies.
7.The second respondent, namely, the Secretary, the School Education Department filed a counter-affidavit wherein he has specifically stated that in the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and Rules made thereunder, there is no provision dealing with the issue of the teaching and non-teaching staff contesting in an election and holding the posts in the third and fourth respondents organization. In these circumstances, the second respondent submitted that the contention of the petitioner to take action to forbear the staffs of the third and fourth respondents Educational Institutions from contesting in election and holding the posts in the third and fourth respondent's religious organization and to take appropriate action on the staff holding such posts based on the petitioners representation is not permissible for the reason that there is no such provision available in the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and Rules made thereunder enabling the Educational Authority to issue such direction.
8.In view of the specific stand taken by the Secretary, the School Education Department to the effect that there is no provision under the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, against the teaching and non-teaching staffs, the prayers sought for in the Writ https://www.mhc.tn.gov.in/judis 5/8 W.P.No.10733 of 2022 Petitions are liable to be rejected. Accordingly, the Writ Petitions are devoid of merits and the same are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
6. The Hon'ble Supreme Court has also upheld the order of the Hon'ble Division Bench of this Court dated 29.10.2021 in SLP No.4641 of 2022 by its order dated 01.04.2022 by dismissing the said SLP. Since the order attained finality, the impugned Circulars imposing the conditions that a teaching and non-teaching staff of Minority institutions cannot participate in elections for a Church / religious organisation and shall not hold positions, have to be necessarily quashed and this writ petition will have to be allowed as there is no prohibition for teaching and non-teaching staff of any religious organisation to contest elections / hold positions in any religious organisation. However, it is made clear that teaching and non-teaching staff shall not contest or hold any positions in any political party and shall also not canvass for any candidate of a political party.
7. For the foregoing reasons, the impugned Circulars dated 13.04.2022, 19.04.2022 and 20.04.2022 are hereby quashed and accordingly, the writ petition is allowed. No costs. Consequently, https://www.mhc.tn.gov.in/judis 6/8 W.P.No.10733 of 2022 connected miscellaneous petition is closed.
21.06.2022 (½) Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To
1. The Secretary to Government of Tamil Nadu Department of School Education, Chennai – 600 009.
2. The Director of School Education Directorate of School Education DPI Complex, College Road, Chennai – 600 006.
3. The Chief Educational Officer Chief Educational Office District Educational Office Complex Kallakurichi – 606 202.
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vsi2
4. The Chief Educational Officer, Chief Educational Office, Ponnaiyaar Road, Manjakuppam, Cuddalore – 607 001.
5. The District Educational Officer, Thirukovillur – 605 757 Kallakuruchi District.
6. The District Educational Officer, District Educational Office, Cuddalore – 607 001.
W.P.No.10733 of 2022
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