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2011 DIGILAW 4589 (MAD)

Minor B. Abinash rep. By his father and Natural Guardian M. Baskar v. The State of Tamil Nadu rep. By its Principal Secretary to Government Department of School Education

2011-11-21

N.PAUL VASANTHAKUMAR

body2011
Judgment :- 1. These writ petitions are filed praying to quash the Government order issued in G.O.Ms.No.224, School Education(V2) Department dated 06.08.2010 insofar as the petitioners are concerned and consequently forbearing the respondents 1 to 3 from preventing the petitioners in participating in all the school level sports events selection for the Tamil Nadu State Team including the School Games Federation of India (SGFI) and other sports meets being conducted by the respondents for the school students in the State of Tamil Nadu. 2. All the petitioners are Central Board of Secondary Education School (In short CBSE) students undergoing their studies in the schools located within the State of Tamil Nadu. 3. On earlier occasion, C.B.S.E, school students filed batch of cases in W.P.No.15954 of 2008,12597 of 2009 etc and prayed for the issuance of writ of Mandamus directing the Government of Tamil Nadu to allow the students of CBSE schools to participate in the sports events and athletic meets. This Court disposed of the said writ petitions on 05.11.2009 with direction. The operative portion of the order reads as follows: "24. Even in the present case, it is essential for the Tamil Nadu State Government to make such an attempt to have broad based consultation with all the stake holder. If necessary, they must form a committee to consider the controversies raised in these writ petitions and arrive at a proper solution, which will be crystallized in the form of a policy of the State Government in consonance with the constitutional mandate, considering the future interest of school going children in Tamil Nadu. Till such time such policy is spelt out and adopted, no CBSE students shall be prevented in participating in various sports events conducted under the Tamil Nadu School Education Department. 26. This Court, in the light of the above, is not suggesting the composition of committee for making such consultation. It is entirely for the State Government to frame guidelines by forming an appropriate committee. Suffice to state that the committee should also take into account the representations of various stakeholders on this issue." 4. The Government issued G.O(1D) No.121 School Education Department dated 09.04.2010. Another batch of cases were again filed in W.P.Nos.15343, 15649 of 2010 etc., challenging the said Government order constituting the committee. Suffice to state that the committee should also take into account the representations of various stakeholders on this issue." 4. The Government issued G.O(1D) No.121 School Education Department dated 09.04.2010. Another batch of cases were again filed in W.P.Nos.15343, 15649 of 2010 etc., challenging the said Government order constituting the committee. The said writ petitions were disposed of by this Court (K.Chandru,J) on 07.02.2011 and in Paragraphs 4 to 8, it is held as follows: "4. Pursuant to the direction issued by this Court, the Director of School Education in his letter dated 25.2.2010 opined a Committee of Expert can be constituted and after obtaining their opinion, an appropriate policy decision can be taken and the committee must comprise of the Director of School Education and representative of all other Departments including the eminent sports person in the National and International sports and after taking a decision by the Committee, the State Government can taken appropriate policy decision for the academic year 2010-2011. The state Government accepted the recommendations made by the Director of School Education and had appointed a Committee. The Committee as directed by the state Government was to have the Director of School Education as its Chairman and the Joint Director of School Education (NSS) as its Secretary. The Committee comprised one representative each from the Tamil Nadu Sports Development Authority and the Tamil Naud Physical Education and Sports University as well as two representatives of Chief Physical Education Inspectors (both genders), two Regional Physical Education Inspectors, four Headmasters/Principals of Matriculation Schools, four Physical Education Director/Teachers and four eminent sports persons who have participated in the National and International sports events. 5. It is on the basis of a sports policy recommended by that Committee, the State Government had agreed to implement the same. Even before the Committee could decide, the petitioners have rushed to this Court probably only with a view to get interim orders so as to enable them to participate in the ensuing competition. Though those respondents have been served with notices, they have not filed any counter affidavit. 6. However, this Court do not find any merit in these writ petitions. They have been filed only with a view to get interim orders, since the impugned order does not in any way affect the rights of the petitioners. Though those respondents have been served with notices, they have not filed any counter affidavit. 6. However, this Court do not find any merit in these writ petitions. They have been filed only with a view to get interim orders, since the impugned order does not in any way affect the rights of the petitioners. On the contrary, in order to give effect to the orders passed by this Court on 5.11.2009, that order came to be passed. This Court is not inclined to entertain the Writ Petitions. Accordingly, all the Writ Petitions stand dismissed. 7. But, however, it must be noted that the State Government had appointed a Committee for recommending to the Government to evolve a policy for the year 20102011 and that year almost will come to an end in another two months. It is regrettable that there was no report from the said Committee. Therefore, in the interest of justice and for the future interest of the students studying in the CBSE Schools, this Court hereby directs the Committee, appointed pursuant to G.O.Ms.No.121 School Education Department dated 9.4.2010, to meet as expeditiously as possible and evolve its recommendation on or before 31.3.2011. The State Government is in turn directed to take appropriate decision on the basis of the said recommendation in accordance with law on or before 31.5.2011 so that the State Governments policy will be made available to the students who are undergoing School in the CBSE pattern. 8. Since the Writ Petitions are dismissed with the above directions and since the petitioners have obtained the interim relief and have also participated in those events, dismissal of the Writ Petitions will not deny them the benefit that might have accrued to them in participating in the events for which they have got interim orders. However, if any results were withheld due to the pendency of the Writ Petitions, a direction will issue to the respondents to publish those results. No costs. The connected Miscellaneous Petitions are closed." 5. While disposing of the said writ petitions, the impugned Government order issued in G.O.MS.No.224 School Education dated 06.08.2010 was very much in force. However, learned counsel appearing for the Government or the counsel appearing for the petitioner pointed out the said Government order before the learned Judge. No costs. The connected Miscellaneous Petitions are closed." 5. While disposing of the said writ petitions, the impugned Government order issued in G.O.MS.No.224 School Education dated 06.08.2010 was very much in force. However, learned counsel appearing for the Government or the counsel appearing for the petitioner pointed out the said Government order before the learned Judge. While upholding G.O.MS.(1D)121 dated 09.04.2010 referred to, a direction was issued by this Court to publish the results of the sports events participated by C.B.S.E. School students. 6. When these writ petitions were posted for admission, taking note of the fact that no further decision was taken by the State Government in terms of the order of this Court dated 07.02.2011, an interim order was granted in favour of the C.B.S.E. School students to attend the sports events and liberty was given to the Government to take a decision in the light of the direction issued by this Court by order dated 07.02.2011. 7. Learned Special Government Pleader, on instructions, from the Department submitted that the expert committee has submitted a report after disposal of the writ petitions on 07.02.2011 and no decision could be taken as directed by this Court, in view of the Assembly election held and a new Government assumed office in May 2011 and the learned Special Government Pleader also submitted that the second respondent has submitted a proposal to the Government through proceedings in Na.Ka.No.7990/M/S4-2011 dated 29.08.2011 along with the recommendations made by the Committee and the issue is pending before the Government for taking a final decision. Learned Special Government Pleader would also submit that in view of the pendency of these writ petitions, the Government has not decided the matter so far. 8. Since the impugned order which is the subject matter of challenge in these writ petitions, was issued prior to the order of this Court dated 07.02.2011 and the Government having acted upon on the basis of the directions issued by this Court dated 07.02.2011, I am of the view that these writ petitions need not be kept pending. It is for the Government to decide the issue based on the report of the committee as well as the proposal submitted by the second respondent, as stated supra. 9. It is for the Government to decide the issue based on the report of the committee as well as the proposal submitted by the second respondent, as stated supra. 9. Hence, these petitions are disposed of giving direction to the first respondent to consider the report already submitted through the second respondent as early as 26.08.2011 and take a decision and issue fresh orders in terms of the order of this Court dated 07.02.2011, as expeditiously as possible. Till fresh orders are passed by the Government, all the students who have filed these writ petitions shall be permitted to take part in the sports events or atheletic meets by respondents. No costs. Consequently, connected miscellaneous petitions are closed.