Appoint legal advisor in every district to assist Education department: HC

‘Due to lack of proper legal advice, wrong orders are being passed by authorities affecting government’s interest’

The Madurai Bench of the Madras High Court has suggested that the State government appoint a qualified legal advisor in every district to provide proper assistance to educational authorities.

It has pointed out to a number of cases related to the Education Department being filed before the Madras High Court and its Madurai Bench.

A Division Bench of Justices N. Kirubakaran and B. Pugalendhi observed that the Revenue Department has a personal assistant (legal) to assist the Collector. Every Commissioner of Police is provided with a legal advisor. Similarly, every District Chief Educational Officer should have a legal officer to advise them.

It is appropriate to have a legal advisor so that proper counsel can be obtained before the educational authorities pass any order. Due to lack of proper legal advice, many a time wrong orders are being passed by the authorities and the interest of the department is affected, the court said.

The court was hearing a petition filed by educational authorities to condone the delay of 543 days in filing a writ appeal preferred against a single judge order.

Considering the issue involved in the writ appeal, the court said it was constrained to condone the delay and officials responsible for the delay should be taken to task.

No proper explanation was given by the department for the huge delay, except mentiong various dates. The lethargic attitude of the authorities cannot put the department as well as the State’s interest in jeopardy. The officials are expected to act swiftly, especially when it affects the State’s interest, the judges said.

In many cases, fearing action under contempt of court, officials file appeals before the High Court, which will definitely cause loss to the state exchequer and also affect the government’s interest. Some kind of responsibility should be fixed on the officials.

The court suo motu impleaded the Secretary to the School Education Department and the Director of Elementary Education as respondents in the case.

It directed the respondents to take a decision in this regard and file a report to the court. The case was adjourned to October 28.