Madras High Court
S.Gnanathiraviyam vs The Chief Education Officer on 20 July, 2023
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.07.2023
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
WP(MD)No.16365 of 2023
and
WMP(MD)No.13698 of 2023
S.Gnanathiraviyam
S/o. Swamiadian Chelladurai,
The Correspondent,
St.Johns Higher Secondary School,
Palayamkottai. ... Petitioner
Vs.
1. The Chief Education Officer,
Tirunelveli District,
Tirunelveli.
2. The District Education Officer,
Tirunelveli District,
Tirunelveli.
3. Rt.Rev.ARGST Barnabas,
the Bishop, Diocese of Tirunelveli,
No.16, North High Ground Road,
Palayamkottai, Tirunelveli - 627 002.
4. Rev.JIE.Sutherson, Manager,
TDTA Higher Secondary School,
Special Schools & Teacher Training Institutes,
Diocesan Office, Palayamkottai,
Tirunelveli - 627 002.
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5. C.Manohar Thangaraj,
The Treasurer, TDTA,
No.5, Punitha Vadhiyar Street,
Palaymkottai, Tirunelveli - 627 002.
6. D.Jeyasingh,
The Lay Secretary,
Diocese of Tirunelveli,
Palayamkottai, Tirunelveli - 627 002.
7. Arul Manickam
8. The Administrators
(Appointed by the High Court, Madurai Bench)
The Diocese of Tirunelveli,
Palayamkottai - 627 002.
... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus, directing the respondents 1
& 2 to reject the communications of the fourth respondent dated
22.06.2023 purportedly relieving the petitioner and appointing the
seventh respondent in the place of the petitioner as Correspondent of
St.John's Higher Secondary School, Palayamkottai, in consideration of
the respondent of the petitioner dated 24.06.2023.
For Petitioner : Mr.S.N.Kirubanandam
for Mr.G.Prabhu Rajadurai
For R1 & R2 : Mr.N.Ramesh Arumugam, Govt. Advocate
For R3 : Mr.V.Ragavachari, Senior Counsel
for Mr.P.P.Alwin Balan
For R4 : Mr.V.Ragavachari, Senior Counsel
for Mr.Kingsly Soloman
For R6 : Mr.Sriram, Senior Counsel
for M/s.T.Sarala
For R7 : Mr.S.P.Yuvaraj
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ORDER
The relief sought in this writ petition is to issue a mandamus
directing the respondents 1 & 2 to consider the petitioner's representation
dated 24.06.2023 and reject the communication of the fourth respondent
dated 22.06.2023 purportedly relieving the petitioner and appointing the
7th respondent as Correspondent of St.John's Higher Secondary School,
Palayamkottai.
2.The brief facts of the case would run thus:
2.1. The Tirunelveli Diocesan Trust Association (TDTA) has
established several schools, colleges and other welfare institutions all
around Tirunelveli and Tenkasi Districts; and St. John's Higher
Secondary School is one such institutions and the same is a Government
aided minority school, governed under the provisions of the Tamil Nadu
Private Schools Regulations Act. The said school is administered by the
Correspondent.
2.2. It is stated that in the meeting held on 14.06.2021, the
Standing Committee by its resolution, recommended several persons to
be appointed as Correspondent of various schools run by the Tirunelveli
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Diocese. Accordingly, the petitioner was appointed as Correspondent of
St. John's Higher Secondary School, Palayamkottai with effect from
16.06.2021 and the same was also duly approved by the respondents 1
and 2.
2.3. While so, in view of the conflict simmering between the
Bishop at one side and the elected body of the lay persons on the other
side with regard to the administration of the Diocese and that, in order to
discuss the same, the petitioner convened a meeting of Correspondents of
the institutions of the Diocese. The third respondent Bishop
misunderstood the same and instigated the fourth respondent to send a
notice on 03.06.2023 stating that the petitioner has no right to convene
such meeting.
2.4. On 05.06.2023, the petitioner received a communication
from the fourth respondent requesting him to affix his signature in the
purported minutes of the standing committee meeting held on
30.05.2023, regarding deployment, transfers and promotions of staff,
both teaching and non-teaching working in the schools run by the
Diocese. Aggrieved by the same, the petitioner sent a representation
dated 05.06.2023 to the respondents 1 and 2 not to approve any such
unilateral action taken by the fourth respondent.
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2.5. On being frustrated and infuriated over the same, the fourth
respondent by communication dated 22.06.2023 relieved the petitioner
from the office of the correspondent with effect from 23.06.2023 and
appointing the seventh respondent in his place and also sent a copy of the
same to the respondents 1 and 2 for approval.
2.6. Stating that the fourth respondent has no right to act
independently in the appointment or removal of correspondent, but only
on the recommendation of the standing committee; there is no resolution
passed in this regard; and hence, the said communication has no legal
effect, the petitioner has sent a representation dated 24.06.2023 through
his advocate, to the respondents 1 and 2, not to act upon the said
communication dated 22.06.2023.
2.7. Finding no response on the said representation, the
petitioner is before this court with the present writ petition.
3.The learned counsel for the petitioner submitted that the
petitioner was appointed as the Correspondent of St. John's Higher
Secondary School, Palayamkottai with effect from 16.06.2021, which
was approved by the Educational authorities. Thereafter, the standing
committee by its resolution dated 11.06.2022, directed the fourth
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respondent to extend the tenure of the existing Correspondent of all the
institutions until further orders. Accordingly, the tenure was extended
and the same was intimated to the authorities by communication dated
13.06.2022. Thus, the petitioner is acting as a correspondent of the
school, till date. The learned counsel further submitted that while so,
contrary to the Constitution of the Diocese of Tirunelveli, the fourth
respondent at the instigation of the third respondent, sought to effect
various appointments, promotions and transfers of the teaching and non-
teaching staffs, which cannot be done on his own, but that shall be only
on the recommendation of the standing committee. When the petitioner
raised objection for the same, the fourth respondent by communication
dated 22.06.2023 intimated to the Educational authorities that the
petitioner was relieved from the post of Correspondent of the school.
According to the learned counsel, the said communication has no legal
effect, as there was no resolution for appointment or removal of the
correspondent. Therefore, the learned counsel sought appropriate
direction to the respondents to protect the interest of the petitioner.
4.On the other hand, Mr.V.Ragavachari, learned senior counsel for
the respondents 3 and 4, at the outset, submitted that the writ petition is
not maintainable. Adding further, he submitted that the petitioner was not
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appointed on the recommendation of the standing committee and there
was no resolution to that effect. However, he sent a communication to
the Educational authorities seeking approval of his appointment. The
learned senior counsel further submitted that the tenure of the office of
Correspondent is only one year and not three years and that, the same
was not extended to three years, as alleged. It is also submitted that by
resolution dated 11.06.2022, appointments were made by the fourth
respondent on the recommendations of the standing committee and the
same was aware by the petitioner. Hence, the relief sought in this writ
petition cannot be maintainable and is liable to be dismissed.
5.Mr.Sriram, learned senior counsel appearing for the Lay
Secretary submitted that no resolution was passed without the
representation of the petitioner and that, the petitioner duly sent his reply
to the communication received from the Secretary of the diocese.
6.This court also heard the counsel appearing for the other
respondents and perused the materials available on record.
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7.Considering the facts and circumstances of the case and having
regard to the submissions made by the learned counsel appearing for all
the parties, this court, without expressing any opinion on the merits of
the case, directs the respondents / educational authorities to consider the
petitioner's representation dated 24.06.2023 and pass appropriate orders,
on merits and in accordance with law, after affording an opportunity to
all the parties, so as to furnish the required materials, if any. Such an
exercise shall be completed within a period of eight (8) weeks from the
date of receipt of a copy of this order. Till such time, all the parties are
directed to maintain status quo as on date.
8.With the above direction, the writ petition is disposed of.
Consequently, the connected miscellaneous petition is closed. No costs.
20.07.2023
Index : Yes/No
Internet : Yes/No
av
To
1. The Chief Education Officer,
Tirunelveli District,
Tirunelveli.
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2. The District Education Officer,
Tirunelveli District,
Tirunelveli.
3. The Administrators
(Appointed by the High Court, Madurai Bench)
The Diocese of Tirunelveli,
Palayamkottai - 627 002.
R.MAHADEVAN, J.
av https://www.mhc.tn.gov.in/judis 9/10 WP(MD)No.16365 of 2023 and WMP(MD)No.13698 of 2023 20.07.2023 https://www.mhc.tn.gov.in/judis 10/10