Facts
The petitioner, claiming to be a founder-trustee of the Educational Agency that established Sambaviga Higher Secondary School and Sambaviga Nursery and Primary School, sought a mandamus directing the authorities to appoint a Special Officer to administer the schools.
Source reference: p. 1–2He relied on alleged maladministration by the current management and Section 18-A.
Source reference: p. 1–2The private respondents characterised the petition as arising from factional disputes and referred to related civil litigation and an earlier writ petition concerning approval of the School Committee.
Source reference: p. 3–4The State submitted that appointment of a Special Officer was for the authorities to decide and could not be compelled by a rival faction.
Source reference: p. 3Issues
Whether the petitioner had an enforceable legal right to compel the Government to appoint a Special Officer under Section 18-A on the basis of his complaint.
Source reference: p. 2, 5–7Whether the Government was required to act on the petitioner’s allegations of maladministration, or could decide whether those allegations warranted action under Section 18-A.
Source reference: p. 5–7Law Applied
Section 18-A permits the Government, on being satisfied that a school’s management is responsible for maladministration, lapses or irregularities, or has neglected its duties or functions, to suspend the management and appoint a Special Officer as an interim measure for up to two years; action would normally be based on a report from the Director, though the provision also permits the Government to be satisfied “otherwise”.
Source reference: p. 4–6Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Tamil Nadu Recognised Private Schools (Regulation) Act, 19732
Original Court PDF
RM.KASI, S/O.RAMAIAH,vsTHE PRINCIPAL SECRETARY TO
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