Madras High CourtWP(MD)/19787/2015dismissed

Gandhi Vidyalaya High School v. The District Collector

2023-06-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) Nos.19787 & 19788 of 2015 and MP(MD) Nos.1 of 2015, 1 & 2 of 2015 Gandhi Vidyalaya High School, Rep by its Secretary S.Nagalingam, S/o Saminathan, Ramasamy Nagar, Tiruchuli Road, Aruppukottai Taluk, Petitioner in WP(MD)No.19787/2015 Bharathi Balar Elementary School, Rep by its Secretary, S.Nagalingam, S/o Saminathan, Ramasamy Nagar, Tiruchuli road, Aruppukottai Taluk, Petitioner in WP(MD)No.19788/2015 Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The Block Development Officer, Tiruchuli Panchayat Union, Respondents in both WPs COMMON PRAYER in WP(MD)No.19787 & 19788 of 2015: Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records of the first respondent in his proceedings in Na.Ka.No.R3/693/2012, dated 07.08.2013 and quash the same.

For Petitioners :Mr.M.Jothi Basu For Respondents :Mr.J.K.Jayaseelan Government Advocate (In both WPs) C O M M O N O R D E R These writ petitions are filed as against the order passed by the first respondent in his proceedings in Na.Ka.No.R3/693/2012, dated 07.08.2013, stopping the functioning of the Noon Meal Centre in the petitioner's School.

2.Today (26.06.2023), when these writ petitions are taken up for hearing, the learned counsel appearing for the 2/5

petitioners submits that they have stopped the admission of the students for the academic year 2023-2024, in the petitioner Schools and therefore there is no requirement for Noon - Meal scheme for their Schools. Hence, no further order is required in these writ petitions.

3.The learned Government Advocate appearing for the respondents submits that with regard to the same issue, the writ petitions filed by another two Schools have already been dismissed by this Court in W.P(MD) Nos.15718 & 13339 of 2014, dated 19.11.2020 on the ground that the free Noon Meal Scheme is applicable only to the children studying in Government aided Schools or Government Schools and not for the private Schools like the petitioners and this Court cannot interfere with the policy decision of the Government. According to the Government Advocate, in view of the above order passed by this Court, these writ petitions are liable to be dismissed.

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4.Considering the submissions made by the learned counsel for the petitioners that they are not intending to admit the students for the academic year 2023-2014 and also in view of the order passed by this Court in W.P(MD) Nos.15718 & 13339 of 2014, dated 19.11.2020, these writ petitions are dismissed. No costs. Consequently, connected Miscellaneous Petition are closed. 26.06.2023 NCC : Yes / No.

Index : Yes / No.

vrn To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Block Development Officer, Tiruchuli Panchayat Union, 4/5

B.PUGALENDHI, J vrn Common Order made in W.P(MD) Nos.19787 & 19788 of 2015 and MP(MD) Nos.1 of 2015, 1 & 2 of 2015 26.06.2023 5/5