High Court · 2025

W.P.No.10108 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.09.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.10108 of 2025 andWMP.Nos.11360 & 11363 of 2025T.R.Chinnan ... PetitionerVs.1.The Secretary School Education Department,Government Of Tamilnadu,Fort St George,Chennai 6000092.The Director Of Elementary Education,The Office Of The Elementary Education,College Road, Chennai 6000063.The Chief Educational Officer,The Chief Educational Office,No.500 Raja Street ,Near Five Corner,Town Hall, Coimbatore 6410014.The District Educational Officer (Elementary),The District Educational Office,Pollachi 6420015.The Block Educational Officer,The Block Educational OfficeValparai 6421276.The Secretary / Correspondent / Manager,1/8 https://www.mhc.tn.gov.in/judis W.P.No.10108 of 2025Karamalai Aided Middle School,Karamalai Schools Committee,Karamalai Bazaar Post 642130,Coimbatore District ... RespondentsPRAYER: 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 proceedings passed by the 4th respondent in Na.Ka.No.4214/A4/2023 dated 20.06.2024 and quash the same and consequently direct the 4th respondent to direct the 6th respondent to reconstitute the school committee including 3 senior most teacher of the schools as per the Rules For Petitioner: Mr.I.ArokiasamyFor RespondentsFor R1 to 5 : Mr.S.Prabhakaran, Government AdvocateFor R6: Mr.N.ManoharanORDERThis writ petition has been filed challenging the order passed by the fourth respondent dated 20.06.2024 thereby approved the School Committee and appointment of Secretary. 2.The petitioner is working as a teacher in the sixth respondent 2/8 https://www.mhc.tn.gov.in/judis W.P.No.10108 of 2025school. As per the private schools Act and the Rules, a statutory body governed by the provisions of the Tamilnadu Private Schools (Regulation) Act, 2018, the sixth respondent is running one middle school and five elementary schools in Valparai in the name of Karamalai Group of Schools. The fourth respondent by its approval dated 03.02.2022 approved the school committee individually for each school of all the six schools. The petitioner raised grounds that the fifth respondent by its proceedings dated 11.03.2024 questioned the formation of a single school committee for all the six schools without obtaining appropriate orders from the competent authority. Even then, the fifth respondent is proceeding to form a single school committee for all the schools and it is also erroneously approved by the fourth respondent. Further, one of the ward members of local jurisdiction is also a member and it is clear violation of Sections 14 and 24 of Tamilnadu Private Schools (Regulation) Act 2018. 3.As per the rules, the Headmaster / Headmistress of the schools are Ex-officio members and three senior most teachers of all schools have not been taken into consideration as members of the schools 3/8 https://www.mhc.tn.gov.in/judis W.P.No.10108 of 2025committee and were not included in the committee, thereby violating the Rules. Further as per the Rules, the sixth respondent school should have been given priority in the representation to the schools committee since it is only middle school in the list. Further, two non-teaching staff belonging to Tamilnadu ministerial staff Group C should be included in the school committee. There is no inclusion of non teaching-staff. Instead of including 7 representatives of the school agency, the sixth respondent has included an estate employees which not only deviated the purpose and object of the rules but makes mockery of educational institution. As per the rules, there are three parent teacher association representatives instead of 2 and 7 management representatives, who was supposed to be in the school committee. There is no representative from the teachers even though the rule insists that three senior most teacher should be represented in the school committee. 4.On perusal of the counter filed by the fourth respondent and on submissions of the learned counsel appearing for the sixth respondent, it is revealed that the impugned order was passed on 20.06.2024, but it is challenged by way of this writ petition only in March 2025. After 4/8 https://www.mhc.tn.gov.in/judis W.P.No.10108 of 2025approval of the school committee, it has been acted upon. Further, the petitioner is facing disciplinary proceedings initiated by the sixth respondent herein. The sixth respondent school is an educational agency and is running six schools i.e. five primary schools and one middle school. The petitioner is working in aided middle school-Karamalai estate where the headmaster and the senior most teacher of that school have been included in the school committee. Further, the names in serial No.5 to 7 of the school committee are the senior most teachers who are incidentally the headmasters of the respective schools. The names in Serial Nos.4 and 12 are the headmistress and senior most teacher of the sixth respondent school. In fact, they were appointed in the years 1992 and 1990. Further, as per the rule 24(3), the educational agency can include seven of their representatives. The school committee shall consist of 14 members including three members from parent teacher association. Therefore, neither the Rule 24(3) was violated nor any illegality was caused by the impugned order. Hence, the fourth respondent rightly approved the school committee and subsequently resolution was passed on 12.11.2024. Since the petitioner is now facing disciplinary proceedings, in order to prevent the school committee from taking any 5/8 https://www.mhc.tn.gov.in/judis W.P.No.10108 of 2025action against the petitioner, the present writ petition has been filed challenging the approval of the fourth respondent, that too dated 20.06.2024. Further as per explanation (1) of the Rule 24 of Tamilnadu Private Schools (Regulation) Rules, in case of more than one private school of different categories coming under a single educational agency, the authority competent to grant permission to establish the school of the highest category shall be the authority competent to grant prior permission to constitute a common school committee. Therefore, the sixth respondent decided to form a single school committee for all the six schools for making the administration easy. Further Rule 24(3) is clear that one headmaster might be selected and to act as ex-officio member and the selection of other headmasters as members is purely a discretionary power of the management and the other headmasters in the common management may or may not be included and it is not questionable, only one headmaster in the common school committee is mandatory. Therefore, the other headmasters have been included in the capacity of senior teachers. As such, this Court finds no infirmity or illegality in the impugned order.6/8 https://www.mhc.tn.gov.in/judis W.P.No.10108 of 20255.In view of the above discussion, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 15.09.2025Neutral citation:Yes/NoIndex: Yes/NoSpeaking/Non-speaking orderlokG.K.ILANTHIRAIYAN, J.lokTo1.The Secretary School Education Department,Government Of Tamilnadu,Fort St George,Chennai 6000097/8 https://www.mhc.tn.gov.in/judis W.P.No.10108 of 20252.The Director Of Elementary Education,The Office Of The Elementary Education,College Road, Chennai 6000063.The Chief Educational Officer,The Chief Educational Office,No.500 Raja Street ,Near Five Corner,Town Hall, Coimbatore 6410014.The District Educational Officer (Elementary),The District Educational Office,Pollachi 6420015.The Block Educational Officer,The Block Educational OfficeValparai 6421276.The Secretary / Correspondent / Manager,Karamalai Aided Middle School,Karamalai Schools Committee,Karamalai Bazaar Post 642130,Coimbatore District 7.The Government Advocate,High Court of MadrasW.P.No.10108 of 202515.09.20258/8