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Madras High CourtWP/14987/2020withdrawn dismissed

Parents Students Development v. The Government Of Tamilnadu

2021-12-20Honourable Mr Justice M.Dhandapani3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NOS.14987 & 12157 OF 2020 AND W.M.P. NO. 18644 OF 2020 IN W.P.NO.14987 OF 2020 W.P. No. 14987 of 2020 Parents Students Development Welfare Association Rep by its President, P.V. Arumugam No.10/9, Maniganda 3rd Street Old Washermenpet, Chennai - 600 021 .. Petitioner in W.P.No.14987 of 2020

Versus

1. The Government of Tamil Nadu Represented by its Principal Secretary School Education Department Fort St. George, Chennai - 600 009

2. The Director of School Education DPI Campus, College Road Chennai - 600 006

3. The Director of Matriculation Schools DPI Campus, College Road Chennai - 600 006 DPI Campus, College Road Chennai - 600 006 .. Respondents The Tamil Nadu Nursery Primary Matriculation Higher Secondary Schools Association Rep by its State Secretary Mr.K.R. Nandakumar, S/o. K. Ramachandran Having office at No.6, Egambaram Street Pammal, Chennai - 600 075 .. Petitioner in W.P.No.12157 OF 2020

Versus

1. The Principal Secretary Department of School Education Fort St. George, Chennai - 600 009

2. The Commissioner of School Education College Road, Chennai - 600 006

3. The Director of School Education College Road, Chennai - 600 006 College Road, Chennai - 600 006 .. Respondents W.P. No. 14987 of 2020: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to consider the representation dated 13.08.2020 seeking the upgradation of the existing Nursery and Primary Un-aided schools to middle schools and also to admit the children admitted under 25% of the RTE Quota in Nursery and Primary Schools to join in the neighhborhood Matriculation schools which are located within 3 kms radius of the residence of the children so as to ensure their right to free and compulsory education upto the age of 14 as provided under Right of Children to Free and Compulsory Education Act 2009 from the academic year 2020 onwards. W.P. No.

14987 of 2020: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 17.08.2020 and to pass an order permitting the member schools, who have been granted sanction for conducting primary school, to enroll students from standards 6 to 8 during the academic year 2020-21, 2021-2022 and 2022-2023 respectively in order to enable the children belonging to disadvantaged group and weaker section to continue to studies in the same school admitted under the Right of Children to Free and Compulsory Education Act 2009.

W.P. No. 14987 & 12157 of 2020 For Petitioners :

Mr.P.Ebenzer Paul (in W.P.No.14987 of 2020) Mr.D.Baskar (in W.P.No.12157 of 2020)

For Respondents :

Mr.C.Sangamithiran for R1 Special Government Pleader Mr.Stalin Abhimanyu for R2 - R4 Additional Government Pleader COMMON ORDER When these matters were taken up for hearing, the learned counsel for the petitioner sought permission of this Court to withdraw these writ petitions. Endorsements are also made to that effect.

2. Recording the submission made by the learned counsel for the petitioner, permission is granted to withdraw these cases and accordingly, these writ petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rli To

1. The Principal Secretary, The Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.

2. The Director of School Education DPI Campus, College Road Chennai - 600 006.

3. The Director of Matriculation Schools DPI Campus, College Road Chennai - 600 006.

DPI Campus, College Road Chennai - 600 006.

5. The Commissioner of School Education College Road, Chennai - 600 006.

+1cc to M/s.P.Ebenzer Paul, Advocate, S.R.No.68824 +1cc to the Government Pleader, S.R.No.68680 WP Nos. 14987 & 12157 of 2020 KSM(CO) RLP(07/02/2022)