Venkadasay Naidu Education v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.2 of 2014 Venkadasay Naidu Education Charitable Trust, Represented by its Secretary, A.Saravanakumar ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary to Government, Social Welfare and Nutritious, Meal Programme Department, Fort St. George, Chennai-600 009.

2.The Director of Social Welfare, and Noon Meal Programme Department, Chepauk, Old Engineering College Complex, Chennai-600 005.

3.The District Collector, Virudhunagar, 1/6

4.The Personal Assistant, (Noon-meal), Virudhunagar District, 5.The Commissioner, Srivilliputhur Panchayat Union, Srivilliputhur, 6.The District Elementary Educational Officer, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the fourth respondent made in R3/16921/2013, dated 27.05.2014 and quash the same as illegal and violation of principles of law and direct the respondents to continue to provide the Noon Meal under the Scheme and programme in accordance with law in the petitioner's Venkadasamy Naidu Middle School, Idaiyankulam, Srivilliputhur Taluk, Virudhunagar District.

For Petitioner : M/s.M.Jothi Basu For R-1 to R-4 & R-6 : M/s.V.Om Prakash For R-5 : M/s.R.Anandharaj 2/6

ORDER

The present Writ Petition has been filed challenging the proceedings of the District Collector, dated 27.05.2014, under which, the Noon Meal Center in the petitioner School was closed on the ground that, it is an unaided Institution.

2. Admittedly, the petitioner School is a Self Financing School and they are not receiving any aid from the Government. Therefore, the request of the petitioner for having a free Noon Meal Center cannot be implemented. It is the policy decision of the Government, not to implement free Noon Meal to the children studying in the unaided Private Schools. This being a policy decision and considering the financial implications, this Court cannot extend the said benefits to the private unaided Institutions.

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3. In view of the above said facts, I do not find any merits in the present writ petition. The writ petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

29.11.2022 Index :

Yes / No Internet :

Yes / No btr To 1.The Secretary to Government, The Government of Tamil Nadu, Social Welfare and Nutritious, Meal Programme Department, Fort St. George, Chennai-600 009.

2.The Director of Social Welfare, and Noon Meal Programme Department, Chepauk, Old Engineering College Complex, Chennai-600 005.

3.The District Collector, Virudhunagar, 4.The Personal Assistant, (Noon-meal), Virudhunagar District, 4/6

5.The Commissioner, Srivilliputhur Panchayat Union, Srivilliputhur, 6.The District Elementary Educational Officer, 5/6

R.

VIJAYAKUMAR , J.

btr Order made in 29.11.2022 6/6