T.J.Manjuladevi v. The Govt. Of India

In the High Court of Judicature at MadrasDated :: 19.11.2012CoramThe Honourable Mr. Justice C.T. SELVAMW.P.No.41241 of 2006&M.P.No.1 of 2006T.J.Manjuladevi ... Petitioner Vs1. The Govt. Of India Rep. By Its Secretary Ministry Of Defence New Delhi 110 0112 The Govt Of Tamilnadu Rep. By Its Secretary School Education Dept. Secretariat Chennai 93 The Director Of School Education College Road Chennai 64 The Director Of Matriculation Schools College Road Chennai 65 The Inspector Of Mat. Schools Near Rangaswamy Kulam Deo Office Upstairs Chinna Kancheepuram 631 5016 Sri Chakravarthy International Mat. Academy ( A Higher Secondary School) No. 9 G.S.T.Road St. Thomas Mount Chennai 167 Mr.N.A.Seethalakshmi https://hcservices.ecourts.gov.in/hcservices/ 8 The Deputy Inspector General Of Police Crime Branch CID Chennai 29 The Govt. Of Tamilnadu Rep. By Its Secretary Revenue Dept. Secretariat Chennai 910 The District Collector Kancheepuram 631 50111 Dr.Mrs.Y.G.Parthasarthy Dean And Director Padma Seshadri Bala Bhavan Sr.Sec.

School 12 Learning Leadership Foundation (A Public Charitable Trust) Central Administrative Office No.16 And 17 Thirumalaipillai Road T. Nagar Chennai 1713 The Secretary Central Board Of Sec. Education No.2 Community Centre Preet Vihar Delhi 110 9214 The Govt. Of Tamilnadu Rep. By Its Chief Secretary Secretariat Chennai 915 The Director Central Bureau Of Investigation C.G.O Complex Lodhi Road New Delhi 316 Mrs.B. Gajalakshmi 17 Mr.K.Palanichamy ... Respondents https://hcservices.ecourts.gov.in/hcservices/ PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records of the fourth respondents order made inNa.Ka.No.1509/E6/2004 dated 18.08.2006 and quash the same and direct the fourth respondent to conduct the fresh enquiry in consultation with the second and third respondents also, in accordance with law, based on the documents submitted to the second respondent by the petitioner in her representation dated 28.07.2006, within the stipulated period of time.

For Petitioner : Dr.C.PanneerselvamFor Respondents : Mrs.R. Meenakshi CGSC for R1 and 13 Mr.R.Rajeswaran Spl. Govt. Pleader for R2 to 4 Mrs. Selvi George for R6 Mr. Satish Parasaran for R11 and 12ORDERThis writ petition is filed seeking a direction to call for the records of the fourth respondents in Na.Ka.No.1509/E6/2004 dated18.08.2006 and quash the same and direct the fourth respondent to conduct a fresh enquiry in consultation with the second and third respondents also, in accordance with law, based on the documents submitted to the second respondent by the petitioner in her representation dated 28.07.2006, within a stipulated period of time.

Petitioner under communication dated 19.05.2005, addressed to the respondents 2 to 6 sought permanent recognition for sixth respondent school and issuance of orders acknowledging her as the educational agency to run the school subject to disposal ofW.A.No.1809 of 2004 by this court. She also requested that permission be not granted towards starting PSBB MillenniumSchool within the premises of sixth respondent school towards avoiding law and order problem and to safeguard the Indian ArmyCentral Welfare fund. In W.P.16613/2005 the petitioner sought disposal of her representation dated 19.03.2005. This court under orders dated 22.03.2006 directed as follows:3. https://hcservices.ecourts.gov.in/hcservices/ "2. Considering the limited prayer of the petitioner, without going into the merits of the matter, I consider it appropriate to direct the respondents 2 to 5 to consider the representation dated 19.03.2005 and pass appropriate orders, after giving opportunity of hearing to all persons concerned, within a period of eight weeks from the date of receipt of copy of this order. The writ petition is disposed of with the above direction. No costs. Connected W.P.M.P. No.18105of 2005 is closed. Pursuant thereto and consequent to issue of notice, the petitioner as also the secretary of the sixth respondent have appeared and participated in the enquiry conducted by fourthrespondent/Director of Matriculation Schools on 28.07.2006. Underorders in Na.Ka.No.1509/E6/2004 dated 18.08.2006, the fourth respondent has rejected the claim of the petitioner. Petitioner has preferred the present writ petition against such orders.

We have heard Dr.C.Panneerselvam, learned counsel for petitioner. Mrs.R.Meenakshi CGSC for Respondent 1 and 13,Mr.R.Rajeswaran, Spl. Govt. Pleader for Respondents 2 to 4, Mrs. SelviGeorge for 6th respondent and Mr. Satish Parasaran for respondents 11and 12.

Shorn of unnecessary particulars, which are way too many, the claim of the petitioner is that she had established the sixth respondent school in June 1978, that she obtained recognition in the year 1980 and the entire administration of the school was under her control from its inception in June 1978. She had won several accolades for her impeccable and creditworthy running of the school. One late P.N. Arumugam, at whose instance the petitioner had established the sixth respondent school, had siphoned funds belonging to the school and had entered into conspiracy with a near endless list of persons/teachers towards removing her from the administration of the sixth respondent school. https://hcservices.ecourts.gov.in/hcservices/

On communication of the late P.N.Arumugam dated 23.09.1992,dismissing the petitioner she preferred an appeal dated 30.10.1992,before the third respondent. Pursuant to direction of this court inW.P.No.991/94 dated 21.01.1994, the petitioners appeal was disposed of by third respondent under his proceedings in Rc.No.139586/E3/93,dated 24.04.1994 directing her reinstatement. Petitioner informs that this court under orders in W.P.No.19495/1994 dated 23.09.1996,directed the respondents 3 and 4 to take steps to implement the order dated 21.04.1994 within eight weeks. She contends that such order was not implemented and for a second time a conspiracy was hatched towards sacking her and a second order of dismissal dated 26.11.1996,was addressed to the petitioner by the late P.N. Arumugam, who was holding the post of President of the sixth respondent school and by reference to the same charges covered by show cause notice issued on06.05.1992. Petitioner had moved this court in W.P.No.17346 of 1997against such order, and the same had been allowed. There against, the sixth respondent had moved W.A.No1087 of 2000 and under orders of this court dated 17.07.2000 had obtained an order of stay on false allegations.

Alleging several wrong doings, petitioner sent arepresentation dated 19.03.2005, requesting the respondents 2 to 5 to grant permanent recognition to her school (i.e) sixth respondent school and issue orders to the petitioner to run the same. She also requested such respondents not to allow anybody or any agency or any kind of Trust to start the PSBB Millennium school inside the campus of the sixth respondent school to avoid law and order problem and to safeguard the Indian Army Central Welfare fund. As her representation was not disposed of, she moved W.P.16613 of 2005. Orders wherein dated 22.03.2006, have been reproduced herein above.

Petitioner submits that the fourth respondent had misconducted himself in conduct of proceedings pursuant to the order above referred and in passing orders in Na.Ka.No.1509/E6/2004 dated18.08.2006. We find that in raising the claim of being declared the'educational agency' of the sixth respondent, the petitioner has sought the same subject to the disposal of the main W.A.No.1809/2004.W.A.No.1809/2004 was preferred by the petitioner against the dismissal of the Writ Petition moved by her in W.P.No.35396 of 2003.In W.P.No.35396 of 2003, the petitioner had sought the issue of writ of mandamus directing the first respondent, the Government of Tamilnadu, to rectify all the cases of breach of statutory https://hcservices.ecourts.gov.in/hcservices/ rules/Articles laid down in the code of Regulations for Matriculationschools, Tamilnadu, in respect of the school, viz., Sri ChakravarthyInternational Matriculation Academy (a higher secondary school), No.9GST Road, St.