A writ petition filed under Article 226 seeking a writ of mandamus to direct government respondents to dispose of a representation on merits regarding free education benefits was dismissed by the High Court on the petitioners claim being misconceived.
Petition dismissed; no costs.
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 : 08.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P. No. 13118 of 2014
and M.P.No.1 of 2014
Mr.D.Arul
S/o.Darmalingam
... Petitioner
-vs-
1. The Secretary, Secondary Education,
School Education Department,
Secretariat, St.George Fort, Chennai – 9.
2. The Secretary,
Social Welfare Department,
Secretariat, St.George Fort, Chennai – 9.
3. The Director,
Directorate of School Education,
College Road, Nungambakkam, Chennai – 9.
4. The District Collector, Collectorate, Villupuram, Villupuram District.
5. The District Education Officer, Office of District Education Officer,
Tindivanam, Villupuram District.... Respondents
PRAYER : Writ Petition filed Under Article226 of the
Constitution of India praying for issuance of Writ of Mandamus,
directing the respondents to dispose of the representation dated
15.07.2013 sent by the petitioner on merits with the time to be
fixed by this Hon'ble court.
For Petitioner: Mr.A.Nirmal Kumar
for Mr.G.Rajan
For Respondents: Mr.K.M.D.Muhilan
Government Advocate
O R D E R
The relief sought for in the present writ petition is to
dispose of the representation dated 15.07.2013 sent by the
petitioner, on merits.
2. The petitioner is the President of the Parents
Teachers Association, St.R.C.High School, Kadali Village(Post),
Gingee Taluk, Villupuram District. The petitioner claims certain
benefits under the Government scheme at free of cost. The
District Educational Officer filed a counter categorically
stating that the claim of the petitioner is misconceived and not
in consonance with the Government scheme in force. Paragraph Nos.
3 and 4 of the counter affidavit are relevant and extracted
hereunder:
“3. I submit that the Collector of
all districts will oversee the functioning of
the scheme in their district and bring to the
notice of the government particular
difficulties if any, noticed in the
implementation of the scheme and where
necessary made suitable suggestion to the
Government. The students studying in 6th to 8th
standard who were covered under the noon meal
program are eligible for free supply of text
book and uniforms. The government issued
government order in Go.(Ms).No.27 social
welfare and noon meal scheme (social
welfare /7) department dated 23.02.2005. The
government issued on set of free dress to the
students studying in 1st to 8th standard in the
elementary and middle school under the
control of school education.
4. I submit that the petitioner's
school students were supplied free dress,
free books and note books, free chapels and
scholarship who were all enrolled as a
student to the benefits of the P.T.M.G.R.
Noon meal scheme till 1997. The 4th respondent
is only supplying the noon meal and free
books. The 4th respondent refused to supply
one set of free dress, free books, note
books, free chapels and incentive scholarship
from the year 1997.”
3. In view of the above counter filed by the respondents,
the claim of the petitioner deserves no merit for consideration and accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
MAYA/RAP
To
1. The Secretary,
Secondary Education,School Education Department,Secretariat, St.George Fort, Chennai – 9.2. The Secretary,
Social Welfare Department,Secretariat, St.George Fort, Chennai – 9.3. The Director,
Directorate of School Education,College Road, Nungambakkam,Chennai – 9.4. The District Collector, Collectorate, Villupuram,
Villupuram District.5. The District Education Officer,
Office of District Education Officer, Tindivanam, Villupuram District.+1cc to the Government Pleader, S.R.No.53531
W.P.No.13118 of 2014
SVI(CO)
SB(26/10/2021)
2 issues framed by the court
Whether the petition has a legal basis for disposal of the representation on merits.
Whether the petitioner is entitled to benefits beyond the noon meal scheme under the Government scheme.
2 provisions across 2 enactments
Mr. D. Arul
The Secretary, Secondary Education, School Education Department
The Secretary, Social Welfare Department
The Director, Directorate of School Education
The District Collector, Villupuram
The District Education Officer, Tindivanam
SM Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SM Subramaniam
Parties & counsel