A.Nedungalian Cousin Alias Chezhian v. The Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Nedungalian Cousin @ Chezhian ..

Petitioner Vs.

1. The Chief Secretary to Government Union Territory, Pondicherry Pondicherry State.

2. The Union Territory of Puducherry Rep. by its Secretary Department of Education Secretariate, Puducherry - 605 001.

3. The Director of School Education Government of Puducherry Directorate of School Education Puducherry - 605 005.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the Respondents to properly implement the Right of Children to Free and Compulsory Education Act 2009 (Central Act 35/2009) and subsequent G.O.MS 101 dated 24.10.11. The Puducherry Right to Children to free and Compulsory Education rules 2011 passed by the Lieutenant governor Puducherry

and Implement the Section 12(h) (1) (J) of the said 2011 Rules ie. Mandatory 25 percentage reservation of seats for the children of disadvantaged groups and children weaker sections in Puducherry private (Aided unaided) Schools and implement other provisions of the Rules such as School Management Committee and further direct the Respondents to maintain all the Application. For the Petitioner : Mr.N.Sivakumar For the Respondents : Mr.S.Ravee Kumar Government Pleader (Puducherry)

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.N.Sivakumar, learned counsel for the petitioner and Mr.S.Ravee Kumar, learned Government Pleader (Puducherry) for the respondents.

2. In the present petition, directions are sought against the first respondent to implement the Right of Children to Free and Compulsory Education Act, 2009 and the guidelines framed thereunder.

3. No specific instances are placed on record in the present writ petition as to the 25% reservation of seats not being given to the

students. In case the parents of the students are aggrieved, then the parents of the students can approach the court for mitigation of their grievances. Schools have also not agitated in respect of the same.

4. The Act, Rules and the Guidelines are in place. If the same are not being implemented, then the aggrieved persons can certainly agitate in respect of the same. As no specific instances are also put forth in the present petition, it will not be possible to consider the same on merits.

5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 24.01.2024 Index :

Yes/No :

Yes/No drm

To

1. The Chief Secretary to Government Union Territory, Pondicherry Pondicherry State.

2. The Secretary The Union Territory of Puducherry Department of Education Secretariate, Puducherry - 605 001.

3. The Director of School Education Government of Puducherry Directorate of School Education Puducherry - 605 005.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 24.01.2024