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Madras High CourtWP/5204/2021disposed of

G.Venkatesan v. The Chief Secretary

2024-02-06Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM G.Venkatesan ... Petitioner Vs.

1.The Chief Secretary, Government of Tamilnadu, Fort St.George, Secretariat, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 034.

3.The Chief Educational Officer, Chengalpet - 603 001.

4.The District Educational Officer, Chengalpet - 603 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to expedite the process of up-gradation of Government Girls High School, Kelambakkam as Higher Secondary School as per the G.O.No.11 dated 18.01.2021 issued by the First respondent with immediate effect.

For Petitioner : Mrs.S.Deepika For Respondents : Mr.J.C.Durai Raj Additional Government Pleader

O R D E R

The writ of mandamus has been instituted to direct the respondents to expedite the process of up-gradation of Government Girls High School, Kelambakkam as Higher Secondary School as per the G.O.No.11 dated 18.01.2021 issued by the First respondent.

2.

Upgradation of High School as Higher Secondary School is a policy decision of the Government. Mrs.S.Deepika, learned Counsel for the petitioner would submit that the Government has already granted sanction for such up-gradation. But the Authorities have not implemented the same. 3.

Up-gradation requires various measures including financial sanction, construction of additional building, infrastructure facilities etc. Court cannot issue any such directions interfering with the policy matters. Up-gradation of school itself is a policy decision taken by the Government. That being so, the petitioner is at liberty to approach the competent Authorities for the purpose of expediting the up-gradation process, if already

initiated. However, High Court in exercise of the powers of the Judicial Review under Article 226 of the Constitution of India, cannot issue any such directions for up-gradation of High School as Higher Secondary School. With this liberty, the Writ Petition stands disposed of. No costs. 06.02.2024 veda Index : Yes / No Speaking order / Non-Speaking Order To 1.The Chief Secretary, Government of Tamilnadu, Fort St.George, Secretariat, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 034.

3.The Chief Educational Officer, Chengalpet - 603 001.

4.The District Educational Officer, Chengalpet - 603 001.

S.M.SUBRAMANIAM, J.

veda 06.02.2024