ASHISH GUPTA Vs. DISTRICT EDUCATIONAL OFFICER
LAWS(MAD)-2018-6-710
HIGH COURT OF MADRAS
Decided on June 27,2018

ASHISH GUPTA Appellant
VERSUS
DISTRICT EDUCATIONAL OFFICER Respondents

JUDGEMENT

S.Vaidyanathan, J. - (1.)Petitioner has come up with this Writ Petition seeking to quash the proceedings of the 1st Respondent vide Na.Ka.No.2680/A3/2015, dated 31.03.2017 and for a consequential direction to the 1st Respondent to approve his Correspondentship from the year 2017 to 2020.
(2.)The case of the Petitioner is as follows:
2.1. The Petitioner had been the Correspondent of P.J.Gupta's High School and Primary School, Ambattur, which is a Government Aided Private School, from 2009 till 2017. The said School was originally established by Venkatapuram Cultural Association in the year 1936. The said Association was registered in the year 1939-40 with the Registrar of Societies vide Registration No.20/1939-40 and it was renewed continuously till 1970. However, due to reasons unknown, the Association was not renewed from 1970 to 2010 by the predecessor of the Petitioner. Therefore, the Association became defunct under Section 44(3)(b) of the Tamil Nadu Societies Registration Act, 1975 due to non-filing of any of the Returns including Form VII.

2.2. The Petitioner assumed charge as Correspondent of the said School in the year 2009, after taking over from one Harish Gupta, who is impleaded as the 4th Respondent in the present Writ Petition. Subsequently, on 23.02.2009, the Petitioner filed Form IV under Rule 7(3) of the Tamil Nadu Recognized Private School (Regulation) Rules, 1974 and the same was approved by the 1st Respondent vide order in Na.Ka.No.696/A3/2009, dated 30.03.2009. In the year 2011, the Petitioner approached the Registrar of Societies for renewal of Venkatapuram Cultural Association, by filing Form VII. Though the same was filed, he was given to understand by the Office of the Registrar of Societies that the said Association has become defunct, as it was not renewed for 40 years and that no Returns were filed in all these years.

2.3. As per the advise of the Office of the Sub-Registrar to re-register the Association, the Petitioner registered Venkatapuram Cultural Association in the year 2011, vide Reg.No.173/2011 with the same members found in Form VII filed with the Registrar of Societies. According to the Petitioner, the Association registered in the year 2011 is a continuation of the earlier Association, which has become defunct and hence, the School run by the Association is not affected in any manner whatsoever.

2.4. During May-June 2009, Accounts were audited and it was found that the 4th Respondent/Harish Gupta had misappropriated the funds of the Association and had not acted in the best interest of the School. Therefore, in an Executive Committee Meeting conducted by the Association on 14.06.2009, explanations given by Harish Gupta were not accepted by the Committee unanimously and he was removed from the Primary Membership of the Association for misappropriation of the Association's funds. Thereafter, a Police complaint was lodged against the said Harish Gupta for misappropriation of funds from School's Bank Account and an FIR came to be registered in Ambattur Police Station vide Crime No.859/2010 on 30.11.2010 under Sections 406 and 420 I.P.C. and a Civil Suit was also filed against him in O.S.No.732 of 2010 in City Civil Court, Chennai for recovery of misappropriated funds and another criminal complaint was lodged against him vide CSR No.149/2014, dated 14.03.2014 before T1, Ambattur Police Station. An order was passed in the Petitioner's favour in O.S.No.732 of 2010 holding Harish Gupta liable for misappropriation of funds and challenging the same, he filed a suit before the District Munsif Court, Ambattur in O.S.No.255 of 2013 and the same stood dismissed on 06.09.2014.

2.5. Pursuant thereto, the Petitioner sent a letter to the Chief Educational Officer on 26.06.2015 vide Rc.No.AG/C/02/2015, highlighting the corrupt practices of Harish Gupta and the status of the pending legal proceedings relating to the School. Further, even on 19.08.2015, the Petitioner herein had given the same information to the District Education Officer, i.e. the 1st Respondent herein upon his visit to conduct an enquiry regarding the management of affairs in the School. While so, the 2nd Respondent issued a letter in Na.Ka.No.11541/E/2014, dated 22.07.2015 to change the name of the Association registered as 173/2011 as per Section 11 of Tamil Nadu Registration of Societies Act, 1975. A detailed reply dated 28.07.2015 was given by the Petitioner explaining the facts and circumstances as to why change of name is not necessary in view of the fact that the original Association has become defunct and only on the advice of the officials in the Office of the Registrar, new Association was registered. To the said communication dated 28.07.2015, there is no reply given by the 2nd Respondent till date.

2.6. Thereafter, the 1st Respondent issued a Show Cause Notice in Na.Ka.No.2680/A3/2016, dated 25.06.2016 seeking explanation, as to why the new Association was registered in the year 2011, when an Association in the name of 'The Venkatapuram Cultural Association' vide Regd.No.20/1939-40, is already in existence and under which Association, Income Tax Returns were filed. To the said Show Cause Notice, the Petitioner gave a detailed reply on 29.07.2016, explaining the facts and circumstances and informing them that both the Associations were one and the same and that the allegations made are false and baseless. The Income Tax Returns are being filed by the Association under PAN No.AAATT9548C for the past several years even before the Petitioner took charge as Correspondent, and the same is being continued till date by the Trust, as the change in Registration Number of the Association with the Registrar of Societies is only as a continuation of the old Association.

2.7. While so, on 09.09.2016, the Petitioner received a Show Cause Notice from the 1st Respondent vide Na.Ka.No.2580/A3/2016, dated 02.09.2016, as to why action under Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 & 1974 should not be taken for direct payment of Government aid to the School by cancelling the recognition of Correspondent. As the 1st Respondent had not supplied the documents referred in the Show Cause Notice dated 02.09.2016 to give effective reply, the Petitioner, vide his letter dated 15.09.2016, has sought copies of the same to be furnished to him to enable him to give opportunity for effective reply.

2.8. Thereafter, the 1st Respondent had visited the School in the presence of the Petitioner and conducted an enquiry. The Petitioner submitted a summary of the enquiry and the meeting held with the Teachers along with the 1st Respondent on 21.12.2016 vide Rc.No.AG/C/16/2016. Further, on 26.12.2016, the Petitioner sent a letter to the Joint Director of Education, providing explanation for continuing the same Society in a new Registration number. The Show Cause Notice dated 15.03.2017 was issued to the Petitioner calling for explanation within 7 days. The Petitioner gave a detailed reply dated 24.03.2017, explaining each and every aspect elaborately. But, without adverting to any of the explanations put forth by the Petitioner, the 1st Respondent, on 31.03.2017 vide Na.Ka.No.2680/A3/2015, passed the impugned order under Section 34 of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, cancelling the approval granted to the Petitioner. Challenging the same, the Petitioner is before this Court.

(3.)The 1st Respondent/District Educational Officer, Ponneri has filed counter affidavit, wherein, it is stated that the Petitioner has not given a convincing reply on 26.09.2016 regarding the usage of PAN Card Number obtained in the name of the earlier Education Agency for filing Income Tax Returns, even after forming an Association in 2011. It is stated by the 1st Respondent that the Educational Agency, viz. The Venkatapuram Cultural Association became defunct, as it was not renewed between 1970 and 2010 and that no special Resolution was passed by the Association, permitting formation of a new Association. According to the 1st Respondent, the Petitioner had deliberately changed the Educational Agency of the School and registered it without informing the Educational Department, without prior permission and violated the Rules.


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