Madras High CourtWP(MD)/6257/2019disposed of

The Secretary, v. The State Of Tamil Nadu,

2021-06-16Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.6257 of 2019 and W.M.P.[MD]No.4986 of 2021 The Secretary, Parents Teachers Association, Pallotti Higher Secondary School, Pillar Campus, Nagamalai Pudukottai, Madurai - 625 019.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Department of Social Welfare and Nutritious Meals Programme, Fort St. George, Chennai - 600 009.

2.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

3.The District Collector, Madurai, Madurai District.

4.The Personal Assistant (Noon Meals) to the District Collector, Madurai District.

5.The Chief Educational Officer, Madurai District at Madurai.

6.The District Educational Officer, Thirumangalam, Madurai District.

7.The Block Development Officer, Thiruparamkuntram, Madurai District.

8.The Correspondent, Pallotti Higher Secondary School, Pillar Campus, Nagamalai Pudkottai, Madurai - 625 019.

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9.The President, Society of Human Resource Development, Annai Velanganni Nagar, Nagamalai, Madurai.

... Respondents [R9 is Suo Motu impleaded vide Court order dated 18.03.2019] P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 7 to extend Noon Meal Scheme namely, "Dr.MGR Noon-Meal Scheme" or atleast food materials under "Dr.MGR Noon-Meal Scheme" to the students who are studying in the 8th respondent school namely, Pallotti Higher Secondary School, Pillar Campus, Nagamalai Pudukottai, Madurai District, considering the poverty. For Petitioner : Mr.S.Xavier Rajini For Respondents 1 to 7 : Mr.R.Baskaran Standing Counsel for Government For Respondents 8 & 9 : Mr.T.Lajapathi Roy

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

2.Heard Mr.S.Xavier Rajini, learned Counsel appearing for the petitioner, Mr.R.Baskaran, learned Standing Counsel for Government appearing for respondents 1 to 7 and Mr.T.Lajapathi Roy, learned Counsel for respondents 8 and 9.

3.This writ petition has been filed by the petitioner, who is a Parents Teachers Association of Pallotti Higher Secondary School, Pillar Campus, Nagamalai Pudukottai, Madurai and they seek for a direction upon the respondents 1 to 7 to extend Noon Meal Scheme namely, "Dr.MGR Noon-Meal Scheme" or atleast food materials under the said scheme to the students who are studying in the eighth respondent school.

4.The learned Counsel for the petitioner would submit that the eighth respondent school cater to the needs of very economically lower strata of people and they are providing all facilities to the students and they not collecting fees. In the present circumstances, they are finding it very difficult to provide noon meal. Therefore, the Parents Teachers Association is canvassing the cause of the institution and seeking the above direction.

5.Providing noon meals to the children of the schools is pursuant to the police decision taken by the Government. It is not 2/4

clear as to what is the criteria of the selection of the institution. If the eighth respondent falls within the criteria, then there will not be any difficulty in extending the benefit of the noon meal scheme. The eighth respondent is an unaided minority institution. It is stated that it is a non-fee levying school. In such circumstances, it will be appropriate for the management to address the authorities, instead of the Parents Teachers Association, which does not have a statutory background. 6.Therefore, we dispose of the Writ Petition, by giving liberty to the eighth respondent school to submit a representation to the appropriate authorities. A copy of this order can also be enclosed along with the representation.

If the same is received, the appropriate authorities shall take a decision considering the merits of the claim and also verify as to the financial background of the students who are studying in the school, since it is represented by the Parents Teachers Association that the children come from the lower strata of people. A decision can be taken as expeditiously as possible. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CSI) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

MR To 1.The Secretary, The State of Tamil Nadu, Department of Social Welfare and Nutritious Meals Programme, Fort St. George, Chennai - 600 009.

2.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 600 009.

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