Chhattisgarh Parents Assosiation Gouri Nagar Rajnandgaon v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2182 of 2020 Chhattisgarh Parents Association Gouri Nagar Rajnandgaon Through State President Kristopher Paul S/o Late Micheal Paul Aged About 47 Years, Resident of Gouri Nagar Rajnandgaon, Chhattisgarh. ---Petitioner(s)

Versus

1. State of Chhattisgarh Through Secretary, Education Department, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh.

2. Director Public Instruction Raipur, District Raipur Chhattisgarh. ---Respondents For Petitioner :

Shri Ajay Shrivastava, Advocate.

For Respondent-State :

Shri Mateen Siddique, Deputy Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28.09.2020

1. The relief sought for by the petitioner in the present writ petition is as under :

"I. That, this Hon'ble Court may kindly be pleased to direct the respondent for deciding representation (Annexure P/5) and define Tuition Fee for on-line education and till then private Schools/respondent may be restrained from taking Tuition Fee in the interest of justice.

II. Any other relief which may be suitable in the facts and circumstances of the case, may also be granted."

2. From the plain reading of the contents of the relief clause it is evidently clear that the writ petition is not against any specific order of the State Govt. nor is the writ petition against any specific institution in the State or in a particular District. Thus, this court is of the opinion that the present writ petition in its present form is more in the nature of a Public Interest Litigation rather than a litigation in which the petitioner's interest is infringed by any particular order or action. The writ petition therefore is not maintainable.

-23. Accordingly, reserving the right of the petitioner to approach the appropriate Court by filing a Public Interest Litigation, if they so want, the writ petition stands rejected.

Sd/- (P. Sam Koshy) Judge inder