High Court · 2025

W.P.(MD).No.17921 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 02.07.2025CORAM THE HONOURABLE MR.JUSTICE C.SARAVANANW.P(MD) No.17921 of 2025 andW.M.P(MD) No.13718 of 2025LNP Girls Higher Secondary School,Represented by its Secretary,Mr.Gurucharan, Lalgudi, Trichy District. ... PetitionerVs.1.The Chief Educational Officer, Tiruchirappalli, Tiruchirappalli District.2.The District Educational Officer, Lalgudi, Tiruchirappalli District. ...RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order in proceedings Na.Ka.1222/Aa3/2025, dated 24.06.2025 issued by the 2nd respondent, quash the same as illegal. For Petitioner : Mr.A.N.Ramanathan,For Respondents: Mr.PT.Thirùvaiam Government Advocate 1/9 https://www.mhc.tn.gov.in/judis W.P.(MD).No.17921 of 2025ORDER This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned counsel for the respondents. 2. Earlier, the petitioner had approached this Court in W.P(MD) No.16902 of 2025, wherein the petitioner had challenged the impugned order in the proceedings Na.Ka.No.01222/Aa3/2025, dated 17.04.2025 issued by the second resondent read along with the impugned show cause notice, dated 10.06.2025 in proceedings Na.Ka.No.1222/Aa3/2025. The same issue has been delt with by this Court in the following Writ Petitions:Prayer in WP(MD) No.10548 of 2023 is read as follows:Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order made in Na.Ka.No.005/Aa1/2022, dated 11.10.2022 issued by the 2nd respondent, quash the same and consequently direct the respondents to approve the educational agency of the petitioner's school within the time frame.2/9 https://www.mhc.tn.gov.in/judis W.P.(MD).No.17921 of 2025Prayer in WP(MD) No.16187 of 2023 is read as follows:Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order made in Na.Ka.No.7449/Aa2/2022, dated 19.06.2023 issued by the 2nd respondent, quash the same insofar as rejecting the petitioner's proposal for approval of educational agency of the petitioner's school citing the pendency of litigation with respect to the petitioner's school and consequently direct the respondent Nos.1 and 2 to approve the educational agency of the petitioner's school within time frame. 3. Further, the petitioner has filed the Writ Petition in W.P(MD) No.16902 of 2025 and it came to be disposed of on 24.06.2025 by this Court, which is reproduced below:2. The petitioner has challenged the impugned order, dated 17.04.2025 by virtue of which the petitioner has been informed to not to submit the documents pending disposal of the civil suit between the persons, who are claiming rights over the management of the school. By the second mentioned impugned notice, dated 10.06.2025, the second respondent has, now, threatened to take action against the petitioner for not submitting the document. 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD).No.17921 of 20253. In the background, there are three suits at the behest of the rival parties and the orders of this Court in W.P.(MD) No.10548 of 2023, wherein the petitioner had prayed for Certiorarified Mandamus to quash the order, dated 11.10.2022 issued by the second respondent herein (second respondent therein) and to consequently, to direct the respondents to approve the Educational Agency of the petitioner within time and the same is pending, as on date. 4. Meanwhile, the petitioner has filed another Writ Petition in W.P.(MD) No.16187 of 2023, wherein the petitioner had again challenged the order, dated 19.06.2023, bearing reference in Na.Ka.No.7449/Aa2/2022 issued by the second respondent herein (second respondent therein) to quash the same insofar as it rejects the petitioner’s proposal for approval of the Educational Agency for the petitioner’s school, citing the pendency of the litigation with respect of the petitioner’s school and consequently, direct the respondents herein to approve the Educational Agency of the petitioner’s school within time frame. 5. By an order, dated 28.08.2023, the said Writ Petition was ordered with the direction to the petitioner to resubmit the application for approval within a period of two weeks from the date of receipt of a copy of that order. Pursuant to the same, the second respondent also approved the Educational Agency of the petitioner’s school. This approval is valid from 23.11.2022 to 21.11.2025. 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD).No.17921 of 2025Relevant portion of the aforesaid order is reproduced below: “jpU tp.FUr;ruhd; mtu;fis gs;spf;FO nrayuhf nfhz;l Nkw;fhZk; gs;spf;FOtpw;F jkpo;ehL mq;fPfupf;fg;gl;l jdpahu; gs;spfs; (tud;Kiwg;gLj;Jk;) rl;lk; 1973 tpjpfs; 1974d;gb kw;Wk; jkpo;ehL jdpahu; gs;spfs; (xOq;FgLj;Jjy;) rl;lk; 2018 tpjpfs; 28-d;gb gpupT 14-d;gbAk; 23.11.2022 Kjy; 22.11.2025 tiuapyhd 3 Mz;L fhyj;jpw;F fpu;fhZk; epge;jidapd; mbg;gilapy; xg;Gjy; toq;fp nrd;id cau;ePjpkd;w kJiufpis upl; tof;F vz; W.P(MD) No 16187 2023 jPu;ghiz ehs;. 28.08.2023d;gb toq;fg;gl;l ePjpkd;w jPu;ghizapid nray;gLj;jp Mizaplg;gLfpwJ.” 6. When the petitioner has filed a fresh application for recognition of the Educational Agency for ensuing the period, as the recognition expires on 22.11.2025, the impugned orders have been passed by the second respondent. 7. The circumstances have not changed, since the order was passed by this Court, earlier on 28.08.2023 in W.P.(MD) No.16187 of 2023, when the earlier recognition was given to the petitioner vide order, dated 18.07.2024 by the second respondent. Therefore, the diametrically opposite stand taken by the second respondent citing the same reason, that is the pendency of the litigation at the behest of the third respondent, cannot be countenanced. 8. It is the case of the respondents that the recognition 5/9 https://www.mhc.tn.gov.in/judis W.P.(MD).No.17921 of 2025was granted, although stating the following conditions “epge;jidfs; 1) jkpo;ehL mq;fPfupf;fg;gl;l jdpahu; gs;spfs; (tud;Kiwg;gLj;Jk;) rl;lk; 1973 tpjpfs; 1974 kw;Wk; jkpo;ehL jdpahu; gs;spfs; (xOq;FgLj;Jjy); rl;lk; 2018 tpjpfs; 23 gpupT 14-d;gbAk; tpjpf;fg;gl;l epge;jidfspd; mbg;gilapy; gs;spf;FOTk; mjd; nrayUk; flikahw;w Ntz;Lk;. 2) Gjpjhf mikf;fg;gl gs;spf;FO 23.11.2022 Kjy; 22.11.2025 tiu 3 Mz;LfSf;F nray;ghl;by; ,Ug;gpDk; ,t;thiz ntspaplg;gLk; ehs; Kjy; gs;spf;FG eilKiwapy; cs;sjhf fUjp mjd; nray;ghLfs; ,Uf;f Nthz;Lk; 3) fy;tp Kfthz;ik cWg;gpdu; khw;wk; Nru;f;if ePf;fk; cupa mjpjhu mikg;gplk; (Competent Authority) 6 khj fhyj;jpw;Fs; ,yhyFo fy;tp mYtyfj;jpy; rku;g;gpj;J xg;Gjy; ngwg;gl Nthz;Lk;.” Therefore, the necessity has arisen for issuing the impugned order. 9. The internecine dispute within the Society, which claims Educational Society, in respect of the private dispute pending before the civil Court, cannot come in the way of recognition of the educational agency, unless appropriate orders are obtained by the persons, who have initiated such proceedings. 10. Therefore, the impugned notice/order threatening to 6/9 https://www.mhc.tn.gov.in/judis W.P.(MD).No.17921 of 2025reject the proposal is quashed. However, it is made clear that the petitioner shall comply with the other directions contained in order, dated 18.07.2024, within a period of six (6) weeks from the date of receipt of a copy of this order. 11. In case, the petitioner fails to comply with the same, the appropriate action may be taken as has been proposed in the impugned order. 12. This Writ Petition is disposed of, with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 4. On the same day of the aforesaid order (ie:24.06.2025), the impugned order had been passed by the second respondent. As such, the impugned order for direct payment cannot be countenanced, since the order dated 24.06.2025 grants a period of six weeks to the petitioner to comply with the other directions issued in the order dated 18.07.2024 . Therefore, the impugned order passed by the second respondent, dated 24.06.2025 stands quashed in the light of the order passed by this Court, dated 24.06.2025 in W.P(MD) No.16925 of 2025. Tthe petitioner is directed to comply with the direction issued in W.P(MD) No.16925 of 2025, dated 24.06.2025.7/9 https://www.mhc.tn.gov.in/judis W.P.(MD).No.17921 of 20255. With the above direction, this Writ Petition is disposed of. Consequently connected Miscellaneous Petition is closed. No costs. 02.07.2025NCC : Yes / NoIndex : Yes / NoInternet : Yes / NoInduTo1.The Chief Educational Officer, Tiruchirappalli, Tiruchirappalli District.2.The District Educational Officer, Lalgudi, Tiruchirappalli District. 8/9 https://www.mhc.tn.gov.in/judis W.P.(MD).No.17921 of 2025C.SARAVANAN, J. InduW.P(MD).No.17921 of 2025 02.07.20259/9