Si.Manogaran v. Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.12588 of 2013 and M.P.No.1 of 2013 Si. Manogaran ... Petitioner Vs.

1. Director of School Education, College Road, Nungambakkam, Chennai-6.

2. The Chief Educational Officer, Kancheepuram District, Kancheepuram.

3. Government Girls Higher Secondary School, represented by its Head Master, Thirukazhukundram 603 109.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 1st respondent made in O.Mu.No.037329/N2/E1/2011 dated 06.07.2011 quash the same and direct the 1st respondent to pass appropriate order effecting the name of the 3rd respondent school as Arulmigu Thirupurasundari Ammal Government Girls Higher Secondary School as per the assignment letter of the H.E and C.E Commissioner dated 14.11.197 made in Na.ka.46648/72-2 and as recommended by the 2nd respondent in his letter made in Na.Ka.No.12784/A6/10 dated 20.12.2010 and pass orders. For Petitioner : Mr. Y. Ramanaiah For Respondents 1 - 3 : Mr. C. Selvaraj Special Government Pleader

ORDER

This writ petition is filed praying for a writ of certiorarified Mandamus calling for the records relating to the proceedings of the 1st respondent made in O.Mu.No.037329/N2/E1/2011 dated 06.07.2011 quash the same and direct the 1st respondent to pass appropriate order effecting

change of the name of the 3rd respondent school as Arulmigu Thirupurasundari Ammal Government Girls Higher Secondary School as per the assignment letter of the H.E & C.E Commissioner dated 14.11.197 made in Na.ka.No46648/72-2 and as recommended by the 2nd respondent in his letter made in Na.Ka.No.12784/A6/10 dated 20.12.2010 and pass orders.

2. Before proceeding to examine the matter it may be relevant to note that the respondents in their counter have questioned the locus standi of the petitioners to maintain the present prayer in the writ petition on the premise that the petitioner is neither donor of land or building to the school.

3. The Government vide G.O.M.S.No.1003, Education Department dated 22.05.196 and G.O.M.S.No.96 School Education Department dated 22.06.2006 Government prescribed norms for naming of Government schools after the donors name. Importantly G.O.M.S.No.1003 Education Department dated 22.05.1976 provides that any gift of private lands and buildings for Government institutions of School Education may be accepted subject to the conditions set out therein which interalia provides that the gift should be unconditional and only "building of the school" can be named after the donor and not the entire school as such. It was submitted that the Commissioner, H.R. & C.E. Chennai in his proceedings Na.Ka.No.46648/79/2 dated 14.11.197 has assigned the land to an extent of 5 acres for construction of school and 1.18 cents of land for the purpose of play ground. The petitioner is neither a donor of land/building to the school.

4. The counter further states that if the donor of the land makes representation for effecting change in the name the same will be forwarded to the Government and the Government would pass appropriate orders.

5. Without going into the merits of the matter, we are of the view that there is merit in the submissions of the respondents that the petitioner may not have locus standi to maintain the above writ petition as he is neither the donor of land or building to the school.

6. In view of the same, this writ petition stands dismissed. Consequently the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar

smn To

1. Director of School Education, College Road, Nungambakkam, Chennai-6.

2. The Chief Educational Officer, Kancheepuram District, Kancheepuram.

3. Government Girls Higher Secondary Schoool, represented by its Head Master, Thirukazhukundram 603 109.

+1cc to Mr.S.Elamurugan, Advocate SR.No.34936 +1cc to Government Pleader SR.No.35373 W.P. No.12588 of 2013 and M.P.No.1 of 2013 SKM(CO) GMY(29/06/2022)