M. Suveathan v. The Director Of Matriculation Schools
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2020
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH M.Suveathan Minor Rep by his father P.Maharaja
...Petitioner
-Vs1. The Director of Matriculation Schools, Office of the Director of Matriculation Schools, College Road, DPI Compound, Nungambakkam, Chennai 6
2. The Special Officer, Tamil Nadu Private Schools Fee's Determination Committee, College Road, DPI Compound, Nungambakkam, Chennai - 6
3. The District Education Officer, 1/8
Vellore District, Vellore.
4. The Principal, Little Flower Matriculation School, No.11, New Balavinayagar Street, Bhuvaneswaripet, Gudiyattam - 632 602 Vellore District.
5. The Commissioner, Gudiyattam Municipal Corporation, Gudiyattam Taluk, Vellore District - 632 602.
6. The State Commissioner for Production of Child Rights, 183/1, EVR Periyar Salai, Poonamalli High Road, Dasspuram, Kilpauk, Chennai - 600 010 .....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the State Commission for Protection of Child Rights, the 6th respondent herein to pass appropriate orders on the petitioner's complaint dated 10.01.2020 within a time frame.
For Petitioner : Mr.R.Vinoth Kumar 2/8
For Respondents : Mr.C.Munusamy Special government Pleader for R1, R3.
Mr.M.Kirubaharan, for R5.
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the 6th respondent to pass orders on the appeal filed by the petitioner, under Section 32 of Right of Children to Free and Compulsory Education Act, 2009.
2.
The case of the petitioner is that he is a minor represented by his father and he belongs to weaker section of the society and that he is entitled for the benefits under the Right of Children to Free and Compulsory Education Act, 2009. According to the petitioner, there is already a direction given by the 5th respondent to the 4th respondent school to provide with all the entitlements as stipulated under the above said Act. Grievance of 3/8
the petitioner is that inspite of the direction given by the 5th respondent, the 4th respondent continues to demand exorbitant fees and aggrieved by the same, the petitioner has filed an Appeal before the 6th respondent under Section 32 (4) of the Right of Children to Free and Compulsory Education Act, 2009. Since the same has not been considered by the 6th respondent, the present writ petition has been filed before this Court. 3.
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 4.
Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 6th respondent to consider the representation / Appeal dated 10.01.2020 and pass appropriate orders strictly in accordance with law after affording an opportunity to the petitioner and the 4th 4/8
respondent school, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 6th respondent along with representation / Appeal dated 10.01.2020 and also a copy of this order. 5.
This writ petition is disposed of with the above directions. No costs.
09.03.2020 Index: Yes / No Internet : Yes /No rka 5/8
To
1. The Director of Matriculation Schools, Office of the Director of Matriculation Schools, College Road, DPI Compound, Nungambakkam, Chennai 6
2. The Special Officer, Tamil Nadu Private Schools Fee's Determination Committee, College Road, DPI Compound, Nungambakkam, Chennai - 6
3. The District Education Officer, Vellore District, Vellore.
4. The Principal, Little Flower Matriculation School, No.11, New Balavinayagar Street, Bhuvaneswaripet, Gudiyattam - 632 602 Vellore District.
5. The Commissioner, Gudiyattam Municipal Corporation, Gudiyattam Taluk, Vellore District - 632 602.
6/8
6. The State Commissioner for Production of Child Rights, 183/1, EVR Periyar Salai, Poonamalli High Road, Dasspuram, Kilpauk, Chennai - 600 010 7/8
N. ANAND VENKATESH, J.
rka W.P.No.6005 of 2020 09.03.2020 8/8