Madras High Court

WP/2422/2017 of T. Sivaraman Vs The General Manager on 21 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-09-2026

CORAM

THE HON'BLE MR.JUSTICE T. VINOD KUMAR

WP No. 2422 of 2017

CNR: {HCMA011966882017}

T. Sivaraman

S/o.T.Santhanagopal,

Type I, 9/9, H.V.F.Estate,

Avadi, Chennai – 600 054.

..Petitioner

Vs

1. The General Manager

Heavy Vehicles Factory,

Avadi, Chennai – 600 054

1.The Central Board of Secondary Education, Rep by The Secretary, Ps-1-2, Institution Area,

I.P.Extn, Patparganj, Delhi – 110 092.

Having at Regional Office at

Plot No. 1630 A, “J” Block, 16th Main Road, Anna Nagar West, Chennai - 600 040.

2.The Chairman,

Vijayanta Senior Secondary School,

H.V.F. Estate, Avadi, Chennai - 600 054.

3.HVF English Medium Educational Society, Rep.

by The Secretary,

Vijayanta Senior Secondary School,

HVF Estate, Avadi, Chennai – 600 054.

4.The Headmistress,

Vijayanta Senior Secondary School,

HVF Estate, Avadi, Chennai – 600 054.

5.Mrs.M. Jyotsana,

The Asst. Headmistress,

Vijayanta Senior Secondary School,

HVF Estate, Avadi, Chennai – 600 054.

6.Mrs.Helen Jeyakumari

SMC Member,

Vijayanta Senior Secondary School,

HVF Estate, Avadi, Chennai – 600 054.

7.The Headmaster,

Vijayanta Model Higher Secondary School, HVF

Estate, Avadi, Chennai – 600 054.

8.Mrs.Maheshwari (Accountant)

Vijayanta Model Higher Secondary School, HVF

Estate, Avadi, Chennai – 600 054.

9.Mrs.P.Devi (TGT)

10.Mrs.S.Meena Devi (TGT)

11.Mrs.S.Meena (PRT)

12.Mrs.Jamuna (TGT)

13.Mrs.V.Sree Devi (TGT)

14.Mrs.Suganthi (TGT)

15.Mrs.Thulasi Rajitha (TGT)

16.Mrs.Sasi Rekha (TGT)

17.Mrs.Susan Cherian (PRT)

18.Mrs.F.Jones Roslyne (TGT) (P.E.T)

19.G.Muthamil Maran (TGT)

20.Mrs.J.Shanthi (TGT)

21.Mrs.V.M.Suganya (TGT)

22.Mrs.Priya Dharshini (PRT)

23.Mrs.Esther Rani (PRT)

24.Mrs.S.Keerthana Sree (PRT)

25.Mrs.T.Bindhu (PRT)

26.Mrs.B.Ramya (PRT)

27.Mrs.Vijaya Shree (PRT)

28.Mrs.Sahalidey (PRT)

29.S.Akila (PRT)

30.Mrs.Sweety (PRT)

31.Ms.Shruthi (PRT)

(From Nos.10 to 32 Respondents are

working at Vijayanta Senior Secondary School, H.V.F.Estate, Avadi, Chennai – 600 054)

..Respondents

Prayer: Writ Petition is field under Article 226 of Constitution of India, praying issuance of Writ of Certiorarified Mandamus, to call for the records in Ref. No.

VSSS/GENL./61/2016 dated 07.12.2016 issued by the 3rd respondent and quash the same as arbitrary and illegal and directing the 1st to 5th respondents to pay the petitioner’s salary in par with 5th to 32nd respondents.

For Petitioner(s):

Ms.S.Sneha for Mr.K.Mohanamurali

For Respondent(s):

Mr.V.Ashok Kumar,

Senior Panel Counsel for R1

Mr.A.Immanuel for R2

Mr.K.P.Prabhuraj for

M/s.Surana And Surana for RR3-5 & R8

No Appearance for RR-6,7,9, 11-13, 17-20, 25-30

Dismissed vide Court Order dated 20.11.2024 - RR-10, 14-16, 21-24 & 31.

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ORDER

Heard the learned counsel for the petitioner and the learned Senior Panel Counsel for the first respondent and the learned counsel for the second respondent and the learned counsel for the respondents 3 to 5 and 8.

2. The petitioner by the present writ petition has assailed the action of the second respondent in issuing the impugned proceedings dated 07.12.2016, by which his representation dated 29.07.2016 was disposed of by the second respondent, as directed by this Court in its order dated 03.10.2016 in W.P.No.33714 of 2016.

3. When the writ petition was taken up for hearing, the learned counsel for the third respondent submits that the third respondent is not amenable to writ jurisdiction, as the said respondent is not a "State" within the meaning of Article 12 of the Constitution of India.

4. The learned counsel appearing for the third respondent further submits that this Court, in its order dated 07.02.2019 in W.P.Nos.4246 to 4248 of 2018, had held that in respect of a private school, no writ petition can be entertained and granted liberty to the petitioners therein to approach the competent authority for redressal of their grievances.

5. The learned counsel for the third respondent further submits that recently viz., on 02.09.2026, a Hon'ble Division Bench of this Court, in Writ Appeal vide W.A.No.2887 of 2023 filed by the third respondent herein, had held that the third respondent School, being run by a Society is a private management and is not a "State" within the meaning of Article 12 of the Constitution of India; and that the writ petitioner/first respondent in the writ appeal has to approach the competent forum for the purpose of securing appropriate relief.

6. Further, the issue involved in the present writ petition as to be status of the third respondent school which is run by the fourth respondent society stands covered by the decision of the Hon'ble Apex Court in the case of Army Welfare Educational Society Vs. Sunilkumar Sharma and others reported in 2024 (16) SCC Online 598 wherein the Hon'ble Supreme Court had held under: “57. In view of the aforesaid, nothing more is required to be discussed in the present appeals. We are of the view that the High Court committed an egregious error in entertaining the writ petition filed by the respondents herein holding that the appellant Society is “State” within Article 12 of the Constitution. Undoubtedly, the school run by the appellant society imparts education. Imparting education involves public duty and therefore public law element could also be said to be involved. However, the relationship between the respondents herein and the appellant Society is that of an employee and a private employer arising out of a private contract. If there is a breach of a covenant of a private contract, the same does not touch any public law element. The school cannot be said to be discharging any public duty in connection with the employment of the respondents.”

7. In view of the aforesaid well-settled position of law, this Court is of the view that the petitioner is not entitled for being granted any relief in the present writ petition and has to approach the competent forum for the purpose of seeking redressal of the grievance/appropriate relief.

8. Accordingly, the present writ petition is disposed of granting liberty to the petitioner to approach the competent forum. No order as to costs. 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dh

To

1. The General Manager Heavy Vehicles Factory, Avadi, Chennai – 600 054

2. The Central Board of Secondary Education, Rep by The Secretary, Ps-1-2, Institution Area, I.P.Extn, Patparganj, Delhi – 110 092. Having at Regional Office at Plot No. 1630 A, “J” Block, 16th Main Road, Anna Nagar West, Chennai - 600 040.

3. The Chairman, Vijayanta Senior Secondary School, H.V.F. Estate, Avadi, Chennai - 600 054.

4. HVF English Medium Educational Society, Rep. by The Secretary, Vijayanta Senior Secondary School, HVF Estate, Avadi, Chennai – 600 054.

5. The Headmistress, Vijayanta Senior Secondary School, HVF Estate, Avadi, Chennai – 600 054.

6. Mrs.M. Jyotsana, The Asst. Headmistress, Vijayanta Senior Secondary School, HVF Estate, Avadi, Chennai – 600 054.

7. Mrs.Helen Jeyakumari SMC Member, Vijayanta Senior Secondary School, HVF Estate, Avadi, Chennai – 600 054.

8. The Headmaster, Vijayanta Model Higher Secondary School, HVF Estate, Avadi, Chennai – 600 054.

9. Mrs.Maheshwari (Accountant) Vijayanta Model Higher Secondary School, HVF Estate, Avadi, Chennai – 600 054.

T.VINOD KUMAR, J. dh WP No. 2422 of 2017 21-09-2026

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