Research › Search › Judgment

Madras High Court · body

2010 DIGILAW 1150 (MAD)

A. S. Gandhi v. The Secretary To The Government of Tamilnadu Department of Education Chennai & Others

2010-03-19

K.CHANDRU

body2010
Judgment :- The very same petitioner, who filed W.P.No.5438 of 2010 pleading for taking over of the 5th respondent School management by the Government has come forward with the second Writ Petition seeking for a direction to the official respondents 1 to 4 to recover the salary paid to the 6th respondent from 17.4.1984. 2. According to the petitioner, while the 6th respondent was appointed as Headmistress of the 5th respondent School, no prior approval had been obtained for the post and the Rules under the Tamil Nadu Recognised Private Schools (Regulation) Rules have not been followed. Since prior approval was not obtained, her continuation in the administration and her subsequent retirement cannot be permitted. Therefore, the amount of money paid by the Government towards her employment should be recovered either from the 6th respondent or from the 5th respondent or from any third party or from the Government Officer, who granted approval and the amount should be deposited to the Government properly. Inasmuch as the Secretary to the Government employer to initiate appropriate action, the petitioner sent a representation dated 18.5.2009. It is this effect failing which, he has come forward to file the present Writ Petition. 3. As already passed by this Court in the earlier Writ Petition, the petitioners paternal Uncle is the 5th respondent and he has grievance over the management of the School. In this process, he has come forward to file the present Writ Petition. The averments contained in the Writ Petition do not show any public interest. On the contrary, it only projects the petitioners grievance to get the post of Headmaster of the said School, failing which he has gone to the extent of seeking for a direction to take over the School. Such a private grievance cannot be ventilated in the guise of public interest. If this petitioner has been working from 1984 onwards, nothing prevented the petitioner from complaining to the authorities for the last 26 years. The Writ Petition contains only the desperation of the petitioner in somehow giving trouble to the 5th respondent. This Court is not inclined to entertain the Writ Petition as an additional weapon in the hands of the petitioner in conducting his fratricidal war against his Uncle, who is a Correspondent of the School. The Writ Petition contains only the desperation of the petitioner in somehow giving trouble to the 5th respondent. This Court is not inclined to entertain the Writ Petition as an additional weapon in the hands of the petitioner in conducting his fratricidal war against his Uncle, who is a Correspondent of the School. Such battle should be conducted elsewhere and the power of this Court under Article 226 of the Constitution of India cannot be misused for such purpose. Hence, the Writ Petition stands dismissed. No costs. The connected Miscellaneous Petition stands closed.