M.Purushothaman v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.Purushothaman ..
Petitioner Vs.
1. The Secretary to the Government of India Ministry of Education Department of School Education & Literacy Sastri Bhavan, New Delhi.
2. The National Council for Educational Research and Training (NCERT) Represented by its Director Sri Aurobindo Marg, New Delhi.
3. The Central Board of Secondary Education Represented by its Secretary Siksha Kendra No.2, Community Centre Preet Vihar, New Delhi 110 092.
4. The Secretary Government of Tamil Nadu Department of Collegiate Education St. George Fort, Chennai.
5. The Secretary Government of Tamil Nadu Department of School Education St. George Fort, Chennai.
6. The Director of School Education Directorate of School Education DPI Complex, College Road Nungambakkam, Chennai - 600 006.
7. State Council of Educational Research and Training Tamil Nadu, DPI Complex, College Road Nungambakkam, Chennai - 600 006.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider the representation made by the petitioner dated 23.03.2023, wherein the petitioner had made a detailed suggestion for making it mandatory for all public as well as non-governmental schools/colleges to build housing quarters and provide rent-free accommodation for their teachers and non-teaching employees and to provide supporting grants to Government and Public Schools for construction of rent-free housing quarters in every school campus and allot public lands for the construction of teachers quarters and provide subsidy to teachers to buy houses on liberal terms and direct the Banks and Financial Institutions to provide interest-free housing loans to teachers.
For the Petitioner : Mr.M.Purushothaman Party-in-Person For the Respondents : Mr.K.Srinivasamurthy Senior Panel Central Govt.
Standing Counsel for R1 Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R4 to R7
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.M.Purushothaman, party-in-person, Mr.K.Srinivasamurthy, learned Senior Panel Central Government Standing Counsel for the first respondent and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 4 to 7.
2. The petitioner, party-in-person, submits that he has filed this writ petition with a laudable object, i.e., the respondents may be directed to consider the representation of the petitioner, wherein, the petitioner seeks directions to make it mandatory for all the public as
well as non-Government Schools/Colleges to build housing quarters and provide rent-free accommodation for their teachers and nonteaching employees and provide supporting grants to Government and Public Schools for construction of rent-free housing quarters in every school campus and allot public lands for the construction of teachers quarters and provide subsidy to teachers to buy houses on liberal terms and direct the Banks and Financial Institutions to provide interest-free housing loans to teachers and pass such further orders.
3. The party-in-person submits that the service conditions of the teachers of the private Schools and Colleges are pathetic. An affidavit is filed by the Schools, while seeking permission from the CBSE and other Boards, that they will provide for all the required infrastructures before starting classes. Infrastructure would include quarters for the teachers. One of the clauses in the affidavit is that, saving if any, after meeting the recurring and non-recurring expenditure and contribution to the developmental, depreciation and contingency fund, it will be further utilized for promoting the School and extending the cause of education in the same School only.
4. According to the party-in-person, the Schools are diverting surplus funds to their Memorial Associations so as to engage in profiteering and thereby, starting another School. According to the party-in-person, providing of accommodation to teachers would be a part of welfare measure and for that purpose, the Government has to provide subsidy to the teachers for the purchase of house and the land.
5. We asked the party-in-person as to whether any regulation, rules or guidelines mandate that the Schools should provide the accommodation facility to the members of the teaching and non-teaching staff of the Schools. The party-in-person fairly conceded that he could not place hands on any such rules, regulations or guidelines.
6. The service condition of the member of the teaching and nonteaching staff would be regulated by the statute and the Rules framed by the Legislature and all the respective Boards. Unless such Rules or
guidelines mandate providing of accommodation to the members of the teaching and non-teaching staff of the Schools and Colleges, it would not be possible to issue any direction in that regard.
7. As far as the contention of the party-in-person that the Schools are diverting the surplus funds so as to make further profits, party-in-person may make a complaint with the competent authorities and it is for the competent authorities to take action, as may be permissible under law and in accordance with law.
8. With the aforesaid observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.15295 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.) 16.06.2023 Index :
Yes/No :
Yes/No kpl/drm
To
1. The Secretary to the Government of India Ministry of Education Department of School Education & Literacy Sastri Bhavan, New Delhi.
2. The Director The National Council for Educational Research and Training (NCERT) Sri Aurobindo Marg, New Delhi.
3. The Secretary The Central Board of Secondary Education Siksha Kendra No.2, Community Centre Preet Vihar, New Delhi 110 092.
4. The Secretary Government of Tamil Nadu Department of Collegiate Education St. George Fort, Chennai.
5. The Secretary Government of Tamil Nadu Department of School Education St. George Fort, Chennai.
6. The Director of School Education Directorate of School Education DPI Complex, College Road Nungambakkam, Chennai - 600 006.
7. State Council of Educational Research and Training Tamil Nadu, DPI Complex, College Road
Nungambakkam, Chennai - 600 006.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl/drm) W.P.No .15844 of 2023 16.06.2023