Madras High CourtWMP(MD)/8799/2020closed

A.P.Sivakumar v. The Secretary To Govt.,

2020-09-21Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Twenty First day of September Two Thousand Twenty PRESENT The Hon'ble Mr.Justice D.KRISHNAKUMAR W.M.P(MD)Nos.8799 & 8800 of 2020 in W.P.(MD)Nos.9804 & 9808 of 2020 A.P.SIVAKUMAR ... PETITIONER/PETITIONER IN WMP(MD)No.8799/2020 IN WP(MD)No.9804/2020 J.MANGAIYARKARASI ... PETITIONER/PETITIONER IN WMP(MD)No.8800/2020 IN WP(MD)No.9808/2020 Vs 1 THE SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009 2 THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI.

3 THE CHIEF EDUCATIONAL OFFICER, MADURAI EDUCATIONAL DISTRICT, TALLAKULAM, MADURAI.

4 THE CHIEF EXECUTIVE AND SECRETARY, COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI - 110 019 5 THE SECRETARY, LAKSHMI SCHOOL, VEERAPANCHAN, MADURAI.

6 THE PRINCIPAL, LAKSHMI SCHOOL, VEERAPANCHAN, MADURAI. ... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS

Prayer in WMP(MD)No.8799 of 2020 in WP(MD)No.9804 of 2020: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of Interim direction directing the respondents 5 and 6 to permit the petitioner's twin sons S.Rehan and S.Sahan to attend Class XI (Computer Science group) on-line Classes immediately, pending disposal of the main Writ Petition. Prayer in WMP(MD)No.8800 of 2020 in WP(MD)No.9808 of 2020: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of Interim direction directing the respondents 5 and 6 to permit the petitioner's daughter K.Meena Nachiyar to attend Class XI (Bio - Maths Group) on-line classes immediately, pending disposal of the main Writ Petition.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.C.ARULVADIVEL @ SEKAR, Advocate for the petitioner in both the petitions and of Mr.N.SHANMUGA SELVAM, Additional Government Pleader for R1 to R3 in both the petitions and Mr.SRINATH SRIDEVAN, Advocate for M/s.T.K.BASKAR, Advocate for R5 and R6 in both the petitions, the court made the following order:- As agreed by both the learned counsel appearing on either side, pursuant to the undertaking given by the petitioners before this Court on 11.09.2020, the learned counsel appearing for the petitioners submitted that 40% of the tuition fees for the current Academic year for Class XI for their children have been paid, subject to the order passed in W.P.Nos.8490 of 2020 batch and same was also received by the School and the petitioners children were admitted in Class XI and they are permitted to attend the on-line classes on 15.09.2020 and the learned counsel has also filed a memo to that effect.

2.But, in the memo filed by the learned counsel appearing for the petitioners it has been stated that the payment of Rs.39,950/- and Rs.39,280/- respectively may be subject to the result of the pending Writ Petitions in W.P(MD)No.8486 of 2011 and batch and the aforesaid statement was disputed by Mr.Srinath Sridevan, learned counsel appearing for the respondents 5 and 6. Further, the learned counsel appearing for the respondents 5 and 6 seeks clarification that the aforesaid amount paid by the petitioners will be subject to the order passed in the present Writ Petitions and the Writ Petitions may be tagged along with W.P(MD)No.8486 of 2011 and batch, for which, the learned counsel appearing for the petitioners agreed for the same.

3.Since the petitioners children were attending Class XI online classes, W.M.P(MD)Nos.8799 and 8800 of 2020 are closed. sd/- 21/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. TO 1 THE SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009 2 THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI.

3 THE CHIEF EDUCATIONAL OFFICER, MADURAI EDUCATIONAL DISTRICT, TALLAKULAM, MADURAI.

4 THE CHIEF EXECUTIVE AND SECRETARY, COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI - 110 019 ORDER IN WMP(MD)Nos.8799 & 8800/2020 IN WP(MD)Nos.9804 & 9808/2020 Date :21/09/2020 PS TE/JC/SAR-III : 25/09/2020 : 3P/5C