P. K. Jayaseelan v. District Collector, Vellore District
2012-07-17
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. This order shall dispose of the following writ petitions as the common question of law and facts are involved in all these writ petitions. 2. For the sake of brevity, the facts are taken from W.P.No.6002 of 2012. 3. The petitioner was elected as Ward Councillor from Ward No.1, Odugathur Town Panchayat, Vellore district in the election held in the year 2011. 4. The Government of Tamil Nadu issued instruction vide G.O.Ms.No.53 dated 26.04.2002 and G.O.Ms.No.108 dated 31.07.2003 to regulate the School Committee for efficient running of the Govt. Schools. 5. According to the Government instructions referred to above, the elected member of the ward is to be appointed as the President of the School Committee of the school which falls in the ward from where he is elected. 6. The petitioner in pursuance to his election as Ward Councilor in Ward No.1 staked his claim for appointment as President of the School Committee in the Government Girls Higher Secondary School, Odagathur Village. 7. The report was called for from the Village Administrative Officer, who submitted a report pointing out that major portion of the school fell in ward No.1 of Odagathur Town Panchayat, whereas some portion of it also fell in Ward No.12. In view of the report of the Village Administrative officer, the petitioner was appointed as President of the School Committee of the Govt. Girls Higher Secondary School, Odagathur Village, Vellore District. 8. It is submitted that one Mr.D.Suresh Kumar, petitioner in W.P.No.7017 of 2012 moved an application under the right to information seeking information regarding appointment of President of School Committee, Odagathur Elementary School, questioning how the petitioner was appointed as President of the School Committee. 9. On the application moved by the petitioner in W.P.No.7017 of 2012, the respondent No.2 on the basis of materials collected, without any notice to the petitioner, passed the impugned order cancelling the appointment of the petitioner to the post of President of School Committee Govt. Girls Higher Secondary School, Odagathur Village, Vellore District. 10. The petitioner being aggrieved by the impugned order, has approached this Court, on the ground that the impugned order of removal on the face of it is arbitrary thus, violative of Article 14 of the Constitution of India, as the appointment of the petitioner was revoked without giving any opportunity of hearing to him. 11.
10. The petitioner being aggrieved by the impugned order, has approached this Court, on the ground that the impugned order of removal on the face of it is arbitrary thus, violative of Article 14 of the Constitution of India, as the appointment of the petitioner was revoked without giving any opportunity of hearing to him. 11. The contention of the learned counsel for the petitioner was that once under the Government instructions, ward member was to be appointed as President, therefore, the petitioner had the right to hold the post as President which could not be cancelled, in any case without following the principle of natural justice. 12. In W.P.No.6003 K.Punnyamoorthy, who was elected from Ward No.13 has also been given similar treatment. 13. In W.P.No.7016 & 7017 of 2012, the petitioners seeks direction for appointment as President of the School Committee being elected ward member on the ground that the schools from where the petitioners in W.P.Nos.6002 and 6003 of 2012 were removed, falls in the ward from where the petitioners were elected. 14. It is not in dispute that the petitioners were appointed as President of the School committee on the basis of report given by the Village Administrative Officer. Even if some material was collected by the respondent at the back of the petitioner to show that the school did not fall within the ward of the petitioner, the minimum requirement was to issue notice to the petitioner before passing the order affecting his right to hold office as President of the School Committee. The appointment as President of School Committee is part of the duties to be performed by the duly elected ward member. The impugned order cancelling the appointment of the petitioner being violative of principle of natural justice cannot be sustained in law. 15. Consequently, W.P.No.6002 and 6003 of 2012 are allowed. The impugned orders are set aside. The case is remitted back to the competent authority to take fresh decision after issuing show cause notice to the petitioner if so advised. 16. It is made clear that the petitioners in W.P.No.7016 & 7017 of 2012 be also heard.
15. Consequently, W.P.No.6002 and 6003 of 2012 are allowed. The impugned orders are set aside. The case is remitted back to the competent authority to take fresh decision after issuing show cause notice to the petitioner if so advised. 16. It is made clear that the petitioners in W.P.No.7016 & 7017 of 2012 be also heard. It is only after hearing the affected parties, that the final decision be taken as to whether the petitioner in W.P.No.6002 and 6003 of 2012 are to continue as President or the petitioners in W.P.No.7016 and 7017 are entitled to be appointed as President of the school committee in accordance with law. 17. The needful be done within one month of receipt of certified copy of this order. Consequently, connected miscellaneous petitions are closed. No cost.