Shanthinikethan Higher v. Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD) No.8611 of 2013 & M.P.(MD).Nos.1 & 2 of 2013 Shanthinikethan Higher Secondary School Represented by its Corespondent Amilikkai- 624 612, Oddanchatran Taluk, Dindigul District.

...Petitioner

Vs.

1.Union of India, Represented its Secretary to the Government of Education, New Delhi.

2.The Government of Tamil Nadu, Rep. By the Secretary, Department of School Education, Fort St. George, Madras -600 009.

3.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

4.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

5.The Chief Educational Officer, Sarva Shiksha Abhiyan Dindigul District.

6.The Supervisor Block Resource Centre, Oddanchatran Taluk, Dindigul District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue Writ of Declaration or any other appropriate writ of order, declaring Section 21(2)(b), 22(1)(2),

38(2)(j)(k) of the Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009) read with Rules 14 and 15 of the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011 and the consequent G.O.Ms.No.213, dated 26.12.2011, School Education (C2) Department, as ultra-vires, unconstitutional, and inapplicable to the school of the member educational agencies of the petitioner.

For Petitioner : Mrs.S.Srimathy For Respondents : Mr.N.Ravichandran for R1 CGSPC Mr.S.Chandrasekar Government Advocate for R2 to R6

O R D E R

********** [Order of the Court was made by T.S.SIVAGNANAM,J] The petitioner is an educational institution established and administered by a Society called 'Christian Education, Health and Development Society'. A minority educational institution has filed this writ petition praying for declaration to declare Sections 21 (2)(b), 22(1)(2), 38(2)(j)(k) of the Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009) read with Rules 14 and 15 of the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011 and the consequent G.O.Ms.No.213, dated 26.12.2011, School Education (C2) Department, as ultra-vires, unconstitutional, and inapplicable to the school of the member educational agencies of the petitioner.

2. The legal issue involved in this writ petition is settled by the Hon'ble Supreme Court in the case of Paramati Educational & Cultural Trust v. Union of India, reported in (2014) 8 SCC 271, wherein it was held that certain provision of the Act are inapplicable to the minority institutions.

3. The learned Government Advocate appearing for the respondents 2 to 5 pointed out that the correctness of the abovesaid decision was challenged in the decision in Ashwini Thanappan v. Director of Education and anr reported in (2014) 8 SCC 272 and the Hon'ble Supreme Court finding that the view in the decision in Paramati Educational & Cultural Trust (cited supra) is inconsistent with the judgement of the Constitution Bench of this Court in P.A.Inamdar v. State of Mahrashtra reported in (2005) 6 SCC 537, has referred the matter for being considered by a Larger Bench.

4. Though reference has been made, the order of reference will not in any manner taken away the effect of the decision of the Hon'ble Supreme Court in Paramati Educational & Cultural Trust (cited supra) and it would be subject to the decision render by

the Larger Bench. Therefore, the writ petition is disposed of following the decision of Paramati Educational & Cultural Trust (cited supra) on the same lines in terms of the direction given by the Hon'ble Supreme Court to the minority educational institutions. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/ Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to the Government of Education, Union of India, New Delhi.

2.The Secretary, The Government of Tamil Nadu, Department of School Education, Fort St. George, Madras -600 009.

3.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

4.The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006.

5.The Chief Educational Officer, Sarva Shiksha Abhiyan Dindigul District.

6.The Supervisor Block Resource Centre, Oddanchatran Taluk, Dindigul District.

+One cc to M/s.S.M.S.Johnny Basha, Advocate, SR.No.16888 +One cc to Mr.N.Ravichandran, Advocate, SR.No.17220 +One cc to The Special Government Pleader, SR.No.17045 jikr RL/10C/3P/MR/SAR3/5.4.2017 ORDER MADE IN W.P.(MD) No.8611 of 2013 & M.P.(MD).Nos.1 & 2 of 2013 22.03.2017