A.Kannan, S/O.V.Arumugam, v. The Secretary To The Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P(MD)No.22196 of 2017 and W.M.P.(MD)No.18502 of 2017 A.Kannan : Petitioner Vs.

1. The Secretary to the Tamil Nadu Government, School Education Department, Secretariat, St. George Fort, Chennai - 9.

2. The District Collector, Madurai District, Madurai.

3. The Chief Educational Officer, Madurai Educational District, Madurai - 2.

4. The District Educational Officer, Usilampatty Educational District, Usilampatty, Madurai District.

5. P.K.N. Boys Higher Secondary School, Rep. by its Head Master, Thirumangalam, Madurai District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to suspend the Management of the fifth respondent School and to appoint a Special Officer to manage the School belonging to fifth respondent.

For Petitioner : Mr. A.Jayaramachandran For Respondents 1 to 4 : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader For Respondent No.5 : Mr.D.Pandia Rajan

ORDER

********** [Order of the Court was made by M.SATHYANARAYANAN,J.] The petitioner who claims to be a public spirited person came forward to file this writ petition styled as a "Public Interest Litigation" alleging that his son, namely Sonaimuthu, is studying in 12th Standard and his younger son Parameswaran, is studying in 9th Standard and though the fifth respondent is a Government Aided Private School, governed by the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, they are collecting excess fees under the garb of subscription to Parent-Teachers Association and other un-authorized fees and in this regard representation dated 04.07.2017, has been submitted to respondents 4 to 7 and he has also obtained an information under the Right to Information Act from the fourth respondent, who vide communication dated 01.08.

2017, informed that the concerned school is indulging in collection of excess fees from the students and a warning letter has been sent with a direction to the fifth respondent school to refund the excess fee and produce the receipts evidencing the same and since the fifth respondent has not done so, prays for appropriate action.

2.The writ petition was entertained on 05.03.2018 and this Court has taken note of the fact that two sons of the petitioner study in the fifth respondent school and observed that the writ petition cannot be styled as a Public Interest Litigation. 3.The fourth respondent has filed the counter affidavit and he would state that it is an Aided Non-minority Institution and the said school is collecting the fees determined by the Government and also the Parent-Teachers Association subscription from the English medium students and also pointed out that one A.Ramesh, on an earlier occasion filed W.P.(MD)No.9064 of 201, praying for similar relief and in this regard, enquiry was conducted on 07.08.2017, wherein, the parents' statements have also been recorded and only a sum of Rs.50/- was collected from the parents of the students studying in the school towards Parent-Teachers Association and further took a stand that the allegations levelled by the petitioner are untrue.

4.The fifth respondent has also filed the counter affidavit stating among other things that the present writ petition came to be filed at the instance of one A.Ramesh, who on an earlier occasion filed W.P.(MD)No.9064 of 2011, and would further aver that the complaints in this regard have been enquired into and the allegations were found to be false and the fifth respondent school is one of the reputed school and students from 50 villages in and around Thirumangalam are studying in the said school and hence the

allegations are wholly devoid of truth and merit and prays for dismissal of the writ petition with exemplary costs. 5.This Court has considered the rival submissions and also perused the materials placed before it.

6.Admittedly, the two sons of the petitioner are studying in the fifth respondent school and therefore, the writ petition, strictly cannot be termed as a Public Interest Litigation. In the light of the allegations levelled by the petitioner, this Court directed the official respondents to file counter affidavit and the counter affidavit of the third respondent would also disclose that the complaints in this regard have been enquired into and the allegations are found to be untrue. The fifth respondent school has also filed the counter affidavit and took a stand that the present writ petition is only at the instance of one A.Ramesh, who on an earlier occasion, filed W.P.(MD)No.9064 of 2011, and it has also been pointed out that a police complaint was also lodged and it was enquired into and closed.

7.In the light of the stand taken by the fourth respondent, this Court is of the considered view that no infirmities have been noted with regard to the affairs of the fifth respondent school. However, it is made clear that the jurisdictional Educational Officer shall cause periodical and surprise inspection as to the functioning of the fifth respondent school and if they note down any infraction as to the non-compliance of the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, as well as the Right to Education Act and other norms, they are at liberty to initiate appropriate action in accordance with law after putting the school management on notice. 8.In the result, the Writ Petition stands dismissed, with the above observation. However, in the circumstances of the case, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Secretary to the Tamil Nadu Government, School Education Department, Secretariat, St. George Fort, Chennai - 9.

2. The District Collector, Madurai District, Madurai.

3. The Chief Educational Officer, Madurai Educational District, Madurai - 2.

4. The District Educational Officer, Usilampatty Educational District, Usilampatty, Madurai District.

+ 1 cc TO The Special Government Pleader in SR No. 56533 MR AE/SKN RSK/SAR1/04.04.2018/4P/6C W.P(MD)No.22196 of 2017 19.03.2018