Judgment :- 1. The petitioner is running a private aided School, which is a Middle School at Punniyam in Pallipat Taluk, Tiruvallore District. In this Writ Petition, strangely he seeks for a direction to the respondent State not to upgrade the Panchayat Union Primary School at Nallavanampettai situated in the same Panchayat as a Middle School. 2. The Writ Petition was admitted on 30.5.2007. Pending the Writ Petition, this Court granted interim injunction. 3. The contention raised by the petitioner was that the petitioner School was started in the year 1958 as a Primary School and was upgraded as a Middle School in the year 1981 and it caters to the poor and needy children for several years and therefore if the present Panchayat Union Primary School which was started in the year 2003 which is less than one Kilometer from the petitioners School is upgraded, it will create unnecessary complications. According to the petitioner, as per the Tamil Nadu Elementary Educational Service Rules framed under the Tamil Nadu Elementary Educational Code, certain norms will have to be followed for opening a new School. The Act and the Rules provide for a condition of opening a new School not within the radius of One Mile and the Village not having a population of less than 500. It is in that premise, the petitioner has stalled the State from opening another Middle School. 4. It is rather unfortunate that at the time of admission of the Writ Petition, the earlier judgment of this Court in Aided Elementary School rep.by M.Rajagopal vs. the Government of Tamilnadu, rep.by its Secretary, Education Department, Chennai 9 and others reported in 1997 WLR 862 was not brought to the notice of the learned Judge. In that case, this Court categorically held that rival School management has no right to question the opening of a new School either within the same area or Village or within the particular distance. It was categorically held that the petitioner therein has no locus standi to file a Writ Petition. In paragraph No.12, it was observed as follows: "(12.) It is the policy of the Government to establish as many schools as possible in every village and to see that the children are educated. Article 45 of the Constitution envisages compulsory education for children. If only there are necessary infrastructure, children can get education. In paragraph No.12, it was observed as follows: "(12.) It is the policy of the Government to establish as many schools as possible in every village and to see that the children are educated. Article 45 of the Constitution envisages compulsory education for children. If only there are necessary infrastructure, children can get education. Further, promotion of education and economic interest of the weaker section o the Society is also one of the directive principles of the State Government. Under Articles 46 and 41 of the Constitution of India, which come under the Directive Principles of State Policy, it is one of the main aims of the Government within the limits of its economic capacity to educate not only the weaker section, but also to provide education to all persons. If, to fulfill this aim, schools are established, and that too Panchayat Schools, petitioners can never be heard to say that if the proposed schools are established, their schools will be affected. Petitioners cannot have any locus standi to challenge the policy of the Government. Even if they are not heard by the Government, that is not going to affect their right, since they have no legal right to be heard." 5. Even subsequent to the said judgment, Right to Education has been made as a fundamental right by inserting Article 21(A) of the Constitution introduced by 86th Amendment. Pursuant to the Fundamental Right, the Parliament has also enacted Right to Education Act. When the Legislation is passed providing education to every children of this Country, the attempt by the petitioner is based upon his own commercial reasons, which cannot be countenanced by this Court. By this process, the petitioner has stalled upgrading of Primary School to Middle School for five years and such an attempt made by the petitioner is without any jurisdiction and without any legal backing. 6. Hence, the writ petition stands dismissed with cost of Rs.5,000/- payable by the petitioner to the 1st respondent State. No costs. The connected Miscellaneous Petition also stands dismissed.