Students Parents Welfare Association, v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2023
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.M.P.No.9109 of 2020 Students - Parents Welfare Association Ravindra Bharathi Global School Represented by its Secretary Plot No.14A, 3rd Street, Baskar Nagar Keelkattalai, Chennai - 600 117 ... Petitioner
Versus
1. The Chief Secretary Government of Tamil Nadu Fort St.George, Chennai - 9 2.The Secretary Government of Tamil Nadu School Education Department Fort St.George, Chennai - 9
3. The Director of School Education Department of School Education DPI Complex, College Road Chennai 4.The Regional Officer Central Board of Secondary Education New No.3, Old No.1630-A, "J" Block 16th Main Road, Anna Nagar West 1/5
Chennai - 600 040 5.The Principal/Correspondent Vaels Ravindra Bharathi Global School 41-B, Medavakkam Main Road Keelkattalai, Chennai - 600 117 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent 1 to 3 to direct 5th respondent adjust the amount collect in excess of the fee determined for the past years by the private schools fee determination Committee by its order dated 14/12/2015 against previous years dues if any payable by the parents and also to restrain the 5th respondent form collecting demanding fees for the present academic year which is prohibited by the Government order issued by the 1st respondent under Disaster Management Act 2005, in G.O.(Ms).No.
199 of Revenue Disaster Management Department, Disaster Management Wing, DM II Section dated 20.04.2020, directed "all Private Colleges/Schools in the State not to compel students or parents to pay the fee for the next academic year 2020-21 or the pending dues for the academic year 2019-20 or levy any penalty for any delay, during the lockdown period" and ensure the imparting of education to all the students of the 5th respondent school without any hindrance or harassments.
For Petitioner : Mr.M.Purushothaman For Respondents : Mr.P.Sathish for R1 to R3 Additional Government Pleader Mr.G.Nagarajan for R4 Mr.Abdul Saleem for R5
ORDER
This writ petition is filed seeking to direct the respondents 1 to 3, to direct 5th respondent to adjust the amount collect in excess of fee determined for the past years by the private schools fee determination Committee by its 2/5
order dated 14/12/2015 against previous years dues if any payable by the parents and also to restrain the 5th respondent form collecting demanding fees for the present academic year which is prohibited by the Government order issued by the 1st respondent under Disaster Management Act 2005, in G.O.(Ms).No.199 of Revenue Disaster Management Department, Disaster Management Wing, DM II Section dated 20.04.2020.
2. The learned counsel for the petitioner submitted that the relief sought for herein has become infructuous as the prayer is of the year 2020 and nothing survives for adjudication in this writ petition.
3. Recording the above submissions, this writ petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed.
01.06.2023 dhk Speaking Order : Yes/ No Index : Yes/ No Internet : Yes/No 3/5
To
1. The Chief Secretary Government of Tamil Nadu Fort St.George, Chennai - 9 2.The Secretary Government of Tamil Nadu School Education Department Fort St.George, Chennai - 9
3. The Director of School Education Department of School Education DPI Complex, College Road Chennai 4.The Regional Officer Central Board of Secondary Education New No.3, Old No.1630-A, "J" Block 16th Main Road, Anna Nagar West Chennai - 600 040 4/5
M.DHANDAPANI, J.
dhk 01.06.2023 5/5