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2013 DIGILAW 3466 (MAD)

St. Charles High School, Rep. by its Correspondent, Vadipatti v. Government of Tamil Nadu, Rep. by its Secretary, Education Department, Chennai

2013-09-24

K.RAVICHANDRA BAABU

body2013
Judgment 1. The prayer in the writ petition is to issue a direction to the first respondent the Secretary, Education Department, Chennai, to extend the benefit of G.O.Ms.No.94, dated 24.05.2005, including the petitioner's School, for giving Free Text Books from 6th standard to 10th standard, from the academic year 2005-2006 onwards. 2. The case of the petitioner School is that it is run by a Religious, Charitable and Educational Society. Being a minority institution, the petitioner School is protected under Article 30(1) of the Constitution of India. All the students of the petitioner School are coming from families of below poverty line. The petitioner's School was not granted aid by the Government. It has got recognition from 1998. The Government has issued G.O.Ms.No.37, dated 28.03.2005, granting Free Text Books from 1st standard to 10th standard from the academic year 2005-2006 and by subsequent G.O.Ms.No.94, dated 24.05.2005, extended the said scheme upto 12th standard. However, the said G.Os. were made applicable only in respect of Government Schools, Aided Schools and to partly Aided Schools. The schools, which are fully unaided, are left out from the benefit of the said scheme. Therefore, the petitioner School has filed the present writ petition seeking to extend the said scheme to the school children. 3. Heard the counsel for the petitioner and the learned Special Government Pleader. 4. Needless to say that granting Free Text Books is a matter of policy decision taken by the Government and therefore, it is for the Government to consider the request of the petitioner School for extending the benefit, even to the schools which are not given aid. It is represented by the learned Special Government Pleader for the respondents that the mater is pending for consideration by the Government. When that being so, this Court is not inclined to grant any positive relief as sought for by the petitioner, except by giving direction to the first respondent to consider the request of the petitioner and pass appropriate orders within a reasonable time. The writ petition is disposed of with the above direction. No Costs.