Two writ petitions were filed seeking orders regarding reopening of school classes or closure of reopened schools due to COVID-19 concerns. The court closed the petitions as infructuous after the Advocate General submitted that all schools in Tamil Nadu had reopened from 01.09.2021.
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.
W.P(MD)Nos.15504 and 16533 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2021
CORAM :
THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN
W.P(MD)Nos.15504 and 16533 of 2021 and WMP(MD)Nos.13414 and 12432 of 2021
K.Abdul Vahabudeen
... Petitioner in both WPs
vs.
Delhi.
(R5 is impleaded vide order dated 22.10.2021 in WMP(MD)Nos.14786 & 14787/2021 in W.P(MD)Nos.15504 & 16533/2021)
W.P(MD)No.15504 of 2021 filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, by directing the respondents to pass suitable orders allowing the students to take up the classes through online as an alternative mode apart from undertaking of classes through physical mode
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W.P(MD)Nos.15504 and 16533 of 2021
pursuant to the order passed by the 1st respondent with regard to the resumption of classes for 9th standard to 12th standard in Go.(MS) No.522 of 2021 dated 21.08.2021 forthwith in pursuance to the petitioner's representation dated 19.08.2021.
W.P(MD)No.16533 of 2021 filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, by directing the respondents to pass suitable orders towards closing down the schools which were reopened on 01.09.2021 for the students studying from 9th Standard to 12th Standard pursuant to the G.O.(MS). No.522 of 2021 dated 21.08.2021 forthwith as an emergent measure so as to contain the spreading of novel Corona virus among the students and teachers on the strength of the petitioner's representation dated 04.09.2021.
For Petitioner : Mr.R.Anand
For R1 to R3 : Mr.R.Shanmugasundaram Advocate General assisted by Mr.P.Thilakkumar, Government Pleader For R4 : Mr.P.Karthick For R5 : Mr.Issac Mohanlal, Senior Counsel for Isaac Chambers
COMMON ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J. )
The learned Advocate General states that all the schools in Tamil Nadu have been opened from 01.09.2021 and the prayer in both the writ petitions has become infructuous.
Sd/-
Assistant Registrar (CO)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
bala
To
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W.P(MD)Nos.15504 and 16533 of 2021
+1 CC to M/s.SPL GP ( SR-35861[F] dated 25/11/2021 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-35916[F] dated 25/11/2021
W.P(MD)Nos.15504 & 16533 of 2021 DATED : 24.11.2021
PS(CO) KB(02.12.2021) 3P 7C
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K.Abdul Vahabudeen
The Chief Secretary to the Government
The Principal Secretary to the Government
The Director of School Education
The Director, Central Board of Secondary Education
Association of Management of Private Schools
PUSHPA SATHYANARAYANA
P VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
