Mr. D.Arul, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 13118 of 2014 and M.P.No.1 of 2014 Mr.D.Arul S/o.Darmalingam ... Petitioner -vs1. The Secretary, Secondary Education, School Education Department, Secretariat, St.George Fort, Chennai - 9.
2. The Secretary, Social Welfare Department, Secretariat, St.George Fort, Chennai - 9.
3. The Director, Directorate of School Education, College Road, Nungambakkam, Chennai - 9.
4. The District Collector, Collectorate, Villupuram, Villupuram District.
5. The District Education Officer, Office of District Education Officer, Tindivanam, Villupuram District.
... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to dispose of the representation dated 15.07.2013 sent by the petitioner on merits with the time to be fixed by this Hon'ble court.
For Petitioner : Mr.A.Nirmal Kumar for Mr.G.Rajan For Respondents : Mr.K.M.D.Muhilan Government Advocate
O R D E R
The relief sought for in the present writ petition is to dispose of the representation dated 15.07.2013 sent by the petitioner, on merits.
2. The petitioner is the President of the Parents Teachers Association, St.R.C.High School, Kadali Village(Post), Gingee Taluk, Villupuram District. The petitioner claims certain benefits under the Government scheme at free of cost. The District Educational Officer filed a counter categorically stating that the claim of the petitioner is misconceived and not in consonance with the Government scheme in force. Paragraph Nos. 3 and 4 of the counter affidavit are relevant and extracted hereunder:
"3. I submit that the Collector of all districts will oversee the functioning of the scheme in their district and bring to the notice of the government particular difficulties if any, noticed in the implementation of the scheme and where necessary made suitable suggestion to the Government. The students studying in 6th to 8th standard who were covered under the noon meal program are eligible for free supply of text book and uniforms. The government issued government order in Go.(Ms).No.27 social welfare and noon meal scheme (social welfare /7) department dated 23.02.2005. The government issued on set of free dress to the students studying in 1st to 8th standard in the elementary and middle school under the control of school education.
4. I submit that the petitioner's school students were supplied free dress, free books and note books, free chapels and scholarship who were all enrolled as a student to the benefits of the P.T.M.G.R. Noon meal scheme till 1997. The 4th respondent is only supplying the noon meal and free books. The 4th respondent refused to supply one set of free dress, free books, note books, free chapels and incentive scholarship
from the year 1997."
3. In view of the above counter filed by the respondents, the claim of the petitioner deserves no merit for consideration and accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar MAYA/RAP To
1. The Secretary, Secondary Education, School Education Department, Secretariat, St.George Fort, Chennai - 9.
2. The Secretary, Social Welfare Department, Secretariat, St.George Fort, Chennai - 9.
3. The Director, Directorate of School Education, College Road, Nungambakkam, Chennai - 9.
4. The District Collector, Collectorate, Villupuram, Villupuram District.
5. The District Education Officer, Office of District Education Officer, Tindivanam, Villupuram District.
+1cc to the Government Pleader, S.R.No.53531 W.P.No.13118 of 2014 SVI(CO) SB(26/10/2021)