DSE's order quashed by High Court bench

Updated on: Tuesday, April 10, 2012

The Madurai High Court bench has quashed the Director of School Education's order, taking over the administration of an aided minority school in Kanyakuamari district and said any power exercised to do so is barred under provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.
   
The aided Linguistic Minority Sarojini Memorial Higher Secondary School at Orappanavillai was established in 1947.   

An anonymous letter was sent to the Collector, alleging that school staff were ill-treated and forced to do personal work for the Correspondent. A junior assistant had also charged the Correspondent with sexual harrasment.
  
Later a show cause notice was issued on Aug 20 2007 by the DEO, directing the correspondent to explain why staff should not be directly paid, based on complaints against him.     

The DSE had passed another order on Nov 8, 2008, whereby the rights of the Manager-cum-Correspondent was taken away. Hence the correspondent filed a petition, seeking to quash the order of DSE.
   
Disposing the petition, Justice K.Ravichandra Babu said the school was admittedly, a linguistic minority school, protected under Article 30 of the Constitution. Though the department was entitled to make direct payment even in respect of such schools, the power of taking over the managements is barred under Section 36 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, he said.
   
Stating that the DSE's action was totally erroneous and without jurisdiction, the judge said it was a violation of the principles of natural justice and quashed the impugned order.
 
However, the judge said it is open to the authorities to proceed against the correspondent afresh after strictly following the principles of natural justice.

More Education news

• Karnataka department of higher education to further strengthen protection to women students and employees
• Heads of government and private schools directed to keep a close watch on the behaviour of teachers
• Chairman of the National Commission for Minority Educational Institutions submits his report
• Everyone will be given due representation says Goa CM
• Pune Education Department to hold meetings with schools to ensure a smooth RTE implementation
• Health and Medical Education, Forest and Home departments within the ambit of Public Services Guarantee Act
• 'value education' courses in engineering colleges to inculcate better values and character building
• students challenge new NET gidelines
• Proposed multi crore edu city project nearing completion
• 21 engineering colleges affiliated to the Dr Babasaheb Ambedkar Marathwada University to seek accreditation
• MBBS and PG medical seats to be increased by 50% and 100% respectively from academic year 2013-14
• M S University's faculty of fine arts mired in controversy over a painting hurting religious sentiment
• IICA inks MoU with Bangalore-based National Law School of India University for forging academic partnership
• President asks private players to contribute in improving the standards of higher education
• First technical and medical university at picturesque Apatani Plateau in lower Subansiri district
• Prayas scheme to be extended to 4 more districts
• Jamia Millia Islamia Professor gets Japan Society for the Promotion of Science Fellowship
• Japans new government will not waive tution fee to pro-Pyongyang high schools
• Most Israeli high school students found accessing Mobile phone during class hours
• UGC notifies the procedure and criteria for declaration of result for NET to be conducted on 30.12.12