T.Vadivel, v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.9702 of 2017 and W.M.P.(MD)No.7453 & 7454 of 2017 T.Vadivel ... Petitioner -vs1.The Principal Secretary to Government of Tamil Nadu, School Education Department, Fort St.George, Chennai 600 009.
2.The Director of Elementary Education, Chennai.
3.The District Elementary Education Officer, Virudhunagar District, Virudhunagar.
4.The Assistant Elementary Education Officer, Kariyapatti, Viruthunagar District.
5.The District Collector, Virudhunagar District, Virudhunagar.
6.Serva Seva Schools Child & Women Welfare Programme of ASSEFA, No.1, lady Doak College Road, Madurai - 625 002.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondents in Government Letter No.27911/Tho.Ka.2(1)/2016-1, dated 06.03.2017 and quash the same and consequently direct the respondents to take over the management of the school at Kallampirambu, Virudhunagar District at once.
For Petitioner : Mr.P.Ganapathi Subramanian For R1 to R5 : Mr.T.S.Mohamed Mohideen, Additional Government Pleader.
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O R D E R
*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner is aggrieved by the stand of the Government as reflected in the impugned Government letter dated 06.03.2017 that it is not possible to absorb the private school being run by the sixth respondent as a Government School.
2. According to the writ petitioner, the sixth respondent, a voluntary organisation, sponsored a primary school in his Village at Kallampirambu, Virudhunagar District to cater to the educational needs of the children. The said school was recognised by the department. The teachers from Government schools were sent on deputation to the said private school. Since, the said voluntary organisation was finding it difficult to run the school it made a request to the Government for taking over the same. But the Government expressed its inability to do so. However, it proposed to shift the school children studying in the said school to the nearby Government schools. The writ petitioner contends that this would affect the right of the children to study in the neighbourhood. He therefore, wants the Government to takeover the said school.
3. We are of the view that the writ petitioner cannot compel the Government to take over a private institution. This is because it will have financial consequences. Since the interest of the children are involved, the Government has come forward with a proposal to accommodate the children in the nearby Government Schools, which is perfectly reasonable.
4. We find no merits in this writ petition. It stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government of Tamil Nadu, School Education Department, Fort St.George, Chennai 600 009.
2.The Director of Elementary Education, Chennai.
3.The District Elementary Education Officer, Virudhunagar District, Virudhunagar.
4.The Assistant Elementary Education Officer, Kariyapatti, Viruthunagar District.
5.The District Collelctor, Virudhunagar District, Virudhunagar.
+1cc to M/S.P.GANAPATHI SUBRAMANIAN, Advocate SR.No.72273 +1cc to Special Government Pleader, SR.No. 72612 km/dss MAS/SKN-RSK/SAR2:13.10.2017:3P-8C W.P.(MD) No.9702 of 2017 & W.P.(MD)No.12166 of 2017 10.08.2017