The High Court dismissed a writ petition seeking mandamus to direct admission into a school for the 2017-2018 academic year, holding the prayer infructuous as the academic year had expired.
Writ of Mandamus was dismissed as the academic year for the requested admission was over.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2018
CORAM
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN
W.P.No.3760 of 2017 and W.M.P.No.3814 of 2017
Minor.B.Kaviyanila Rep.by her Father and Natural Guardian, P.K.Bakkiyaraj ..Petitioner Vs. 1.The Chief Educational Officer, Manja Kuppam, Cuddalore District, Pin 607 001. 2.The District Educational Officer, Manja Kuppam, Cuddalore District, Pin 607 001. 3.The Principal, D.G.M.Nursery Primary School, Sethiyathope Chidambaram Taluk Cuddalore District 608 702. 4.The District Collector, Cuddalore District. 5.The Secretary, State of Tamilnadu, Revenue Department, St. George Fort, Chennai. ..Respondents (R4 & R5 suo motu impleaded as per order dated 11.08.2017 in W.P.No.3760/2017)
Prayer: Writ petition is filed under Article 226 of The Constitution of India praying for the issuance of a writ of Mandamus directing the respondents 1 and 2 herein to take appropriate action to protect the right of the petitioner to free and compulsory education and direct the 3rd respondent to consider and admit the petitioner for L.K.G. Class in the 3rd respondent's school, as it is the legal duty of the respondents to give effect to the provisions of the Right of Children to Free and Compulsory Education Act 2009 (Act 35 of 2009) and under Article 21 and 21A of the Constitution, based on the
petitioner's father representation dated 04.02.2017.
For Petitioner : Mr.C.Rajaguru For Respondents : Mr.C.Munusamy, (For R1 & R2) Special Government Pleader Mr.J.Antony Jesus (For R3) O R D E R
The Writ Petition has been filed for admission of the petitioner in the 3rd respondent School for the academic year 2017-2018. As the academic year is over, the prayer sought for by the petitioner has become infructuous.
2.Hence, the Writ Petition is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
gsa
To
1.The Chief Educational Officer,
Manja Kuppam, Cuddalore District,
Pin 607 001.
2.The District Educational Officer,
Manja Kuppam, Cuddalore District,
Pin 607 001.
3.The District Collector,
Cuddalore District.
4.The Secretary, State of Tamilnadu, Revenue Department, St. George Fort, Chennai.
W.P.No.3760 of 2017
and W.M.P.No.3814 of 2017
rsk(co)
aa16/10/2018
1 issue framed by the court
Whether a writ of Mandamus can be issued to admit a student when the academic year has concluded?
3 provisions across 2 enactments
Minor.B.Kaviyanila Rep.by her Father and Natural Guardian, P.K.Bakkiyaraj
The Chief Educational Officer, Manja Kuppam, Cuddalore District
The District Educational Officer, Manja Kuppam, Cuddalore District
The Principal, D.G.M.Nursery Primary School, Sethiyathope
The District Collector, Cuddalore District
The Secretary, State of Tamilnadu, Revenue Department
N.KIRUBAKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
