V.Nagaiah v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P. No.21720 of 2021 and W.M.P. No.22901 of 2021 V.Nagaiah

...Petitioner

-Vs1.The Secretary to Government, Department of School Education, Secretariat, Fort St. George, Chennai - 600 009.

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

3.The Directorate of Matriculation School, DPI Campus, College Road, Chennai - 600 006.

4.The Chief Educational Officer, Nilgris, Nilgris District.

5.The Correspondent/Principal, Sacred Heart Higher Secondary School, Kayyunni, Bandalur Taluk, Nilgris District.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent passed in O.Mu.No.2123/A1/2020 dated 15.10.2020 and quash the same and consequently direct the 3rd respondent to conduct a fair enquiry in respect of the complaint given by the petitioner. For Petitioner :

Mr.K.Venkateswaran For Respondent :

Mr.A.Selvendiran Government Advocate for R1 to R4

O R D E R

This writ petition has been filed challenging the proceedings of the 3rd respondent dated 15.10.2020 and for consequential direction to the 3rd respondent to conduct a fair enquiry on the complaint given by the petitioner against the 5th respondent School.

2.The case of the petitioner is that his son had undergone education in the 5th respondent School from L.K.G. to 10th Standard. Thereafter, the petitioner's son completed the 10th standard during March 2019 and he had secured 371 marks out of

500. Thereafter, the petitioner had sought for admission for his son in the very same School for Pure Science group. When the application was given to the 5th respondent School it was not even entertained and the petitioner was treated very badly and the son of the petitioner was not given admission in the 5th respondent School. Thereafter, the petitioner had no other alternative, except to get admission for his son in a different School to undergo the Higher Secondary course. 3.The petitioner made a complaint against the 5th respondent School before the 1st respondent to take action against the School. The 1st respondent directed the 3rd respondent to enquire and pass appropriate orders. On enquiry, the 3rd respondent has passed the impugned order dated 15.10.2020, wherein it has been held that the allegation made against the 5th respondent School has not been substantiated and that apart, the son of the petitioner has already joined another School to undergo the higher secondary course. Aggrieved by the same, the present writ petition has been filed before this Court.

4.Heard Mr.K.Venkateswaran, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendiran, learned Government Counsel appearing on behalf of the respondents 1 to 4. 5.In the considered view of this Court, the son of the petitioner has already joined another School to undergo the Higher Secondary course. It may be true that the petitioner had a genuine grievance against the 5th respondent for not having given admission to his son who had undergone his education from L.K.G. to 10th Standard in the same School. The fact remains that the petitioner has to take care of the future of his son and indulging in a dispute with the 5th respondent at this point of time may be a waste of energy and it will unnecessarily interfere with the education of the petitioner's son. There are so many instances in life where one undergoes insult. Many a times we shrug off those incidents and proceed further in life. If someone wants to take every incident seriously and proceed

against that person or Institution, the concerned person will be wasting most of his energy in fighting with a system, which is a long term process. Therefore, it would be better for the petitioner to forget about this incident and proceed further to take care of the future of his son.

6.In any case, the findings given by the 3rd respondent in the impugned order are factual in nature and this Court cannot go into the correctness or otherwise of those facts in exercise of its jurisdiction under Article 226 of the Constitution of India. This Court hopes that the petitioner understands the spirit behind this order and drop this issue to proceed further in life.

7.This writ petition is disposed of accordingly. No Costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssr To 1.The Secretary to Government, Department of School Education, Secretariat, Fort St. George, Chennai - 600 009.

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

3.The Directorate of Matriculation School, DPI Campus, College Road, Chennai - 600 006.

4.The Chief Educational Officer, Nilgris, Nilgris District.

+1 CC to Mr.K.Venkateswaran, Advocate sr 52993. +1 CC to The Government Pleader sr 53134.

W.P. No.21720 of 2021 and W.M.P. No.22901 of 2021 VGII(CO) SP(11/11/2021)