B.Yuvaraj (Minor) v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29/10/2024 C O R A M THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Writ Petition No . 31694 of 2024 B. Yuvaraj (Minor) S/o Balaji rep. By his father/Natural Guardian Mr.Balaji No.42/1, 5th Street, Kalaingar Nagar Kovilpathagai, Avadi Thirumullaivoyal Tiruvallur District.
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Petitioner Vs
1. The State of Tamil Nadu rep. By the Secretary to Government Department of School Education Secretariat Chennai 600 009.
2. The District Chief Educational Officer Tiruvallur District Tiruvallur.
3. The District Educational Officer Avadi Tiruvallur District.
4. Vijayanta Model Higher Secondary School rep. By its Principal HVF Estate, Avadi Chennai 600 054.
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Respondents Page No:1/6
PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the fourth respondent to permit the minor petitioner to attend classes for the academic yeas 2024 - 2025 and 2025 - 2026 in M/s. Vijayanta Model Higher Secondary School by considering the representation dated 17/10/2024. For petitioner ...
Mr.M.Raja For respondents ...
Mr.V.Veluchamy Additional Government Pleader for R.R.1 to 3.
M/s.Surana & Surana for R.4.
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O R D E R
This writ petition has been filed to direct the fourth respondent to permit the minor petitioner to attend classes for the academic years 2024 - 2025 and 2025 - 2026 in M/s. Vijayanta Model Higher Secondary School by considering the representation dated 17/10/2024.
2. The facts of the case in a nutshell are as follows:- Page No:2/6
The petitioner is a minor studying in 11th Standard in Bio-Maths group in M/s. Vijayanta Model Higher Secondary School in the academic year 2024 - 2025. On 16/8/2024, due to ill health, minor petitioner was unable to attend the classes and the same was informed to the representative of the fourth respondent. On the very same day evening, he met his friends in the School premises regarding classes and assignments.
3. When the petitioner went to the School on the next day, to his shock and surprise, the fourth respondent School authorities denied the petitioner to enter into the classroom and directed him to withdraw from the School and collect his Transfer certificate. The minor petitioner and his father were appeared before the fourth respondent several times and also sent representation dated 17/10/2024 to the fourth respondent. But till date, they have not taken any action. Hence the petitioner has come forward with the instant writ petition praying for the relief as stated therein.
4. Heard Mr.M.Raja, learned counsel for the petitioner, Mr.V.Veluchamy, learned Additional Government Pleader for the respondents 1 to 3 and M/s.Surana and Surana for the fourth respondent. Page No:3/6
5. The learned counsel appearing for the petitioner submitted that the involvement of the petitioner in the alleged offence is completely incorrect.
6. The learned counsel appearing for the fourth respondent submitted that conduct of the minor petitioner outside the School is not an acceptable one. He has filed the undertaking affidavits filed by the minor petitioner and his father wherein they both have tendered unconditional apology.
7. Perused the materials available on record, particularly, the affidavits filed by the minor petitioner and his father.
8. The facts of the present case is not disputed. The minor petitioner, after completion of his SSLC, joined the fourth respondent School for his XI standard. Due to his misconduct, he was expelled from the School. Education is very important because an educated society can contribute more for the development of a Country than an uneducated society. Considering the paramount importance of education as a tool for future success and also considering the undertakings given by the minor petitioner and his father, this Court directs the fourth respondent to permit the petitioner in the fourth respondnet School to attend the classes for the academic years 2024 - 2025 Page No:4/6
and 2025 - 2026. If the minor petitioner deviates from his undertaking, the fourth respondent is at liberty to take action against the minor petitioner, in the manner known to law.
9. With the above direction, this writ petition is disposed of. The undertaking affidavits filed by the minor petitioner and his father shall form part of the records. It is to be borne in mind that the case of the petitioner shall not be taken as a precedent in the fourth respondent School. No costs.
29/10/2024 mvs.
Index : Yes / No Page No:5/6
M.DHANDAPANI,J mvs.
To
1. The Secretary to Government State of Tamil Nadu Department of School Education Secretariat Chennai 600 009.
2. The District Chief Educational Officer Tiruvallur District Tiruvallur.
3. The District Educational Officer Avadi Tiruvallur District.
Writ Petition No.31694 of 2024 29/10/2024 Page No:6/6