Tamilarasu.P v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1622 of 2024 P.Tamilarasu ... Petitioner -Vs1.The Commissioner, Tamilnadu School Education Department, Chennai-600 006.

2.The Chief Educational Officer, Office of the Chief Educational Officer, District Collector Office Campus, Marudupandian Nagar, Sivagangai-636001.

3.The District Educational Officer, The District Educational Office, Sivagangai.

4.Shree Dhandayudhapani High School, Kandramanikam, Sivagangai District-630204.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated

23.03.2023 and to conduct enquiry and consequentially to revoke the permission granted to the 4th respondent School to function as a co-education school. For Petitioner : M/s.Jeena Rita David, For M/s.Polax Legal Solutions For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mr.P.Thilak Kumar, learned Government Pleader takes notice on behalf of the respondents 1 to 3. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 4th respondent is dispensed with. 3.The petitioner has filed this Writ Petition with an allegation that the 4th respondent School is running a Primary School, namely, Shree Dhandayuthapani Primary School. When the children, who studied in the Primary School, complete their primary education and want to join Meyyammai Achi Pichaikutti Girls High School, the 4th respondent School is threatening the children that they will not

issue Transfer Certificate, unless they are admitted in the 4th respondent School. However, the petitioner has not filed any materials to prove the said allegation. In the absence of any materials or evidence, we are not inclined to entertain this Writ Petition under the guise of Public Interest Litigation. Therefore, this Writ Petition stands dismissed. If at all any such complaint is received from the parents, it is for the authority concerned to take action in accordance with law. No costs. [D.K.K., J.] & [R.V., J.] 30.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Commissioner, Tamilnadu School Education Department, Chennai-600 006.

2.The Chief Educational Officer, Office of the Chief Educational Officer, District Collector Office Campus, Marudupandian Nagar, Sivagangai-636001.

3.The District Educational Officer, The District Educational Office, Sivagangai.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.1622 of 2024 30.01.2024