Dismissing a writ petition seeking upgrade of a Government High School to Higher Secondary School, the Court held that such upgradation based on policy and fund allocation is not a subject of PIL and lies within administrative purview.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2015
CORAM
THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE
and
THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM
W.P. No.17873 of 2015
M.Saminathan ... Petitioner Versus 1.The Secretary to Government of Tamil Nadu School Education Department, Fort St.George, Chennai 600009. 2.The Director of School Education Higher Secondary Education College Road, Nungambakkam, Chennai 600 006.
3.The Chief Educational Officer, Ariyalur, Ariyalur District
4.The District Educational Officer Udayarpalayam, Udayarpalayam Taluk, Ariyalur District. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondents to upgrade Government High School, Paranam Village, as the Government Higher Secondary School, from the academic year 2015-2016 based on the proposal dated Nil sent by the Government High School, Paranam Village, Senthurai Taluk, Ariyalur District.
For Petitioner : Mr.V.Kasinatha Bharathi For Respondents : Mr.K.Karthikeyan
Government Advocate
O R D E R
(Judgment of Court was made by The Honourable Chief Justice)
The issue of up-gradation of a Government School at the behest of the parents-teachers association cannot form a subject matter of Public Interest Litigation, as it is purely within the issue of policy frame work requiring allocation of funds. It is open to the petitioner to pursue his remedy administratively alone.
+1cc to Mr.V.Kasinatha Bharathi, Advocate, S.R.No.31475 +1cc to the Government Pleader, S.R.No.31751 W.P. Nos.17873 of 2015 SCD(CO) CA(07/07/2015)
1 provisions across 1 enactments
M. Saminathan
The Secretary to Government of Tamil Nadu School Education Department
The Director of School Education Higher Secondary Education College Road
The Chief Educational Officer, Ariyalur
The District Educational Officer Udayarpalayam
Sanjay Kishan Kaul
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
