Nadar Sarawathi v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 and 2 of 2014 Nadar Sarawathi Elementary School, Forest Road, Theni, Theni District, Rep by its President, S.Selvanayagam ... Petitioner Vs.

1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The State Project Director, Sarva Shiksha Abhiyan DPI Compound, Chennai- 006.

4.The Chief Educational Officer, Theni, Theni District.

... Respondents 1/6

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 relating to the impugned order of the first Respondent in G.O.(Ms)No.213 school Education Department dated 26.12.2011 and the consequential impugned order of the 1st Respondent in G.O.Ms.No.126 School Education (C2) Department dated 25.05.2012 and quash the same insofar as the petitioner school is concerned and consequently forbearing the respondents herein or their subordinates or any one claiming under them from in any manner interfering with the petitioner's school Management Committee.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.N.Satheesh Kumar, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges G.O.(Ms)No.213, School Education Department dated 26.12.2011. A similar writ petition was disposed of by 2/6

a learned Judge of this Court vide order dated 05.08.2023 in W.P.(MD)No.1706 of 2013. Paragraph Nos.4, 5 and 6 of the said order read as follows:- "4. The learned Government Advocate appearing for the official respondents has produced G.O.Ms.No.126 School Education (C2) Department, dated 25.05.2012, under which, the aggrieved clause mentioned by the petitioner has been amended. As per the amendment, in the Government Order in so far as the aided School is concerned, the School Management/Correspondent/Secretary or his nominee from the School Committee has been added.

5. In such circumstances, the grievance of the petitioner arising out of the impugned Government Order has been redressed by way of amendment introduced in G.O.Ms.No.126 School Education (C2) Department, dated 25.05.2012.

6. In view of the amendment effected in the said impugned Government Order, the grievance has already been rectified and hence, no further order is required in this writ petition."

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3.In view of the said development, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. 10.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The State Project Director, Sarva Shiksha Abhiyan DPI Compound, Chennai- 006.

4.The Chief Educational Officer, Theni, Theni District.

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G.R.SWAMINATHAN, J.

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