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Madras High CourtWP/18376/2019dismissed

V.K.Natarajan v. The State Of Tmil Nadu,

2022-04-08Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.18376 of 2019 & WMP.No.17728 of 2019 V.K.Natarajan

...Petitioner

Vs

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

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

3. The Chief Educational Officer, Thiruvallur, Thiruvallur District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to extend the benefit of the free distribution of the laptop computers for the academic year 20172018 and 2018-2019 and consider the representations dated 29.04.2019 and 02.05.2019 of the petitioner school and with all consequential benefits and in accordance with law within a time to be stipulated by this Hon'ble Court.

For Petitioner : Mr.C.Vediappan For Respondents : Mr.C.Jaya Prakash, Government Advocate

O R D E R

The petitioner, an aided school, seeks a mandamus directing the respondents to extend the benefit of free laptops for the XI standard students for the academic years 2017-2018 and 2018-2019 in line with the representations given by it.

2.As on date, the request of the petitioner has become infructuous, seeing as the prayer is specific to academic years 2017-2018 and 2018-2019. This Writ Petition can well be closed on that score.

3.However, reference is made to the counter filed by the Chief Educational Officer/R3 for completion of narration. At Paragraph 5 of the counter, R3 states as follows: "5. I further submits that the government passed one another government order G.O.Ms.No.6 special program implementation department dated 12.07.2019 and as per the said G.O. the government have decided to wave the avoidable expenditure distribution of laptop computer at free of cost to student studying in self financing streams in government aided school resulted in avoidable expenditure Rs.33.19 crore similarly one another Government order in G.O.Ms.No.9 special program implementation department dated 01.11.

2019 with regard to scheme of distribution of laptop computers at free of cost to the students and the modalities to be followed for the distribution of laptop computers for Plus Two students for the academic year 2017 - 2018 and 2018 2019 and as per the First Priority Plus Two student for the academic year 2019-2020, Second Priority - Plus One student for the academic year 2019 2020, Third Priority Plus Two student for the academic year 2018 - 2019, Fourth Priority Plus Two student for the academic year 2017-2018 and the aim of government to provide the laptop computer to the students to use it their studies and attain maximum benefit out of it and the education department had suggested the following modalities to be adhered for the distribution of laptop computers to the students in the Third Priority (2018 2019 )and Fourth Priority (2017-2018) as follows and the government accepted the modalities and the eligibility criteria for the distribution of laptop computers to the Plus Two students for the academic year 2017-2018 and 20182019 as follows: i) Laptop computers shall be distributed only to the students who are currently pursuing studies including polytechnic courses.

ii) As the laptop computers to be distributed only to the students who are currently pursuing studies, students who had failed in the examination as well as students not pursuing studies shall be dropped. Therefore the eligibility as per the G.O.Ms.No.9 special program implementation

department dated 01.11.2019 will be followed in distribution of laptop computers to the students studying in government/ aided schools."

The stand of the respondents who contested the request of the petitioner on merits, is also recorded.

4.This Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sl/kbs To

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

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

3. The Chief Educational Officer, Thiruvallur, Thiruvallur District.

+1cc to Mr.P.Ganesan, Advocate, S.R.No.24660 +1cc to the Government Pleader,High Court,Madras, S.R.No.25086 W.P.No.18376 of 2019 & WMP.No.17728 of 2019 EV(CO) RGA(21/04/2022)