Petitioner challenged an order permitting change of educational agency name under Article 226. Court disposed of writ pending outcome of tagged second appeals.
Writ petition disposed of with liberty to work out remedy on disposal of second appeals; change of name subject to result of second appeals.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.14052 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.04.2022 CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.14052 of 2009 and M.P(MD)Nos.1 and 2 of 2009
R.Umayavel Arumuganathan ... Petitioner
Vs
1.The Joint Director of School Education (Secondary Education), College Road, Chennai – 600 006.
2.The Chief Educational Officer, Tuticorin.
3.The District Educational Officer, Tuticorin District, Tuticorin.
4.R.Parthiban ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorari, calling for the entire records relating to the impugned order passed by the frist respondent in Mu.Mu.NO.57695/G4/2004, dated 22.09.2006 recognising the change of educational agency for Hindu Ganapathy Kasinathan High School as K.Thangammal Puram Hindu Ganapathy Kasinathan Ninaivu Kalvichangam and consequent order passed by the third respondent in Na.Ka.No.521/A3/2008, dated 31.01.2008 and quash the same.
For Petitioner : Mr.Mr.V.Boominathan For Respondent : Mr.D.Gandhiraj, Nos.1 to 3 Special Government Pleader For Respondent : Mr.S.Anwar Sameem No.4
ORDER
This writ petition is filed as against the proceedings of the Joint Director of School Education (Secondary Education) in Mu.Mu.No.57695/G/04, dated 22.09.2006.
2.Vide the impugned order, the first respondent Joint Director based on the legal opinion has granted approval for change of the name of the educational agency from K.Thangammal Hindu https://hcservices.ecourts.gov.in/hcservices/
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W.P(MD)No.14052 of 2009
Ganapathi Kasinathan High School to Hindu Ganapathy Kasinathan Memorial Educational Association, pending the second appeals in S.A.Nos.408 of 2005 and 260 of 2005.
3.It is also represented that in respect of a judgment in O.S.No.63 of 1996, two appeals were filed by the different parties in A.S.Nos.17 and 20 of 2002 and they were disposed of by judgment dated 21.12.2004. Challenging the same, two second appeals are filed before this Court in S.A(MD)Nos.408 and 260 of 2005.
4.Heard the learned Counsel on either side and perused the materials placed on record.
5.It is seen from records that the writ petition in W.P(MD) No.14052 of 2009 and S.A(MD)Nos.408 and 260 of 2005 are tagged together by administrative order dated 21.10.2016.
6.According to the learned Counsel for the petitioner, the school was established by the Trust namely, Hindu Ganapathy Kasinathan Memorial Association and now the school is under direct payment system. The first respondent vide impugned order has permitted the fourth respondent to change the educational agency name and that too based on the legal opinion of the Government Advocate.
7.Though the second appeals are listed today, the learned Counsel on either side are not ready to proceed with the second appeals. The writ petition is filed in the year 2009. The order impugned in this writ petition is an approval for change of the educational agency name.
8.In the light of the above, this writ petition is disposed of with liberty to the petitioner to work out his remedy on the disposal of the second appeals. However, the change of the educational agency's name is subject to the result of the second appeals in S.A(MD)Nos.408 and 260 of 2005. No costs. Consequently, connected miscellaneous petitions stand closed.
// True Copy //
Dsk
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W.P(MD)No.14052 of 2009
To
1.The Joint Director of School Education (Secondary Education), College Road, Chennai – 600 006. 2.The Chief Educational Officer, Tuticorin.
3.The District Educational Officer, Tuticorin District, Tuticorin.
+1 CC to M/s.V. BOOMINATHAN, Advocate ( SR-20327[F] dated 22/04/2022 ) +1 CC to M/s.SPL.GP ( SR-20889[F] dated 25/04/2022 )
W.P(MD)No.14052 of 2009 21.04.2022
RD(21.06.2022) 3P 6C
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2 issues framed by the court
Whether the change of educational agency name in the impugned order should be allowed pending the outcome of pending second appeals.
Whether the writ petition against the approval of change of name should be disposed of in light of the pending appeals.
1 provisions across 1 enactments
R.Umayavel Arumuganathan
The Joint Director of School Education (Secondary Education), College Road, Chennai
The Chief Educational Officer, Tuticorin
The District Educational Officer, Tuticorin District, Tuticorin
R.Parthiban
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
