IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.02.2011 CORAM: THE HONBLE MR. JUSTICE K.CHANDRU W.P.Nos.15343, 15649, 15647, 15648, 15838, 15960, 15961, 15962, 15963, 15964, 15965, 15966, 15967, 15975, 15976, 15978, 16123, 16294, 16429, 16687, 16688, 17489, 17490, 19383, 20327, 20328, 21081, 21936, 22194, 22289, 22827, 24232 and 25968 of 2010. & connected Miscellaneous Petitions. W.P.No.15343 OF 2010 Minor B.Abinash rep.by Natural Guardian & mother B.Latha Baskar 27, Kamaraj Avenue II Street, Adyar Chennai 20 .. Petitioner Vs. 1. The State of Tamilnadu rep.by Principal Secretary to Government Department of School Education Fort St.George, Chennai-9. 2. The Director of School Education Tamilnadu College Road, Chennai 6 3. The School Games Federation of India rep.by its President Shastri Bhavan, New Delhi 9 .. Respondents Prayer in W.P.No.15343 of 2010 : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari to call for the records relating to the order of the first respondent passed in G.O.(ID) No.121 dated 9.4.2010 and to quash the same. For Petitioner in W.P.15978, 16123, 15838 of 2010 :: Mr.Prakash Goklaney For Petitioner in W.P.15343 of 2010 :: Mr.R.G.Narendhiran For Petitioner in W.P.15647, 16687, 16688, 17489, 17490, 19383, 20327, 20328, 21081, 21936, 22194, 22289, 25968 of 2010 :: Mr.M.Baskar For Petitioner in W.P.15960 to 15967, 15975,15976, 16294 of 2010 :: Mr.S.Ganesh For Petitioner in W.P.16429 of 2010 :: Mr.C.Arun KUmar For Petitioner in W.P.22827 of 2010 :: Mr.M.Ramdhass For Petitioner in W.P.24232 of 2010 :: Mr.J.Thilagaraj For official Respondents in all W.Ps. :: Mr.R.Murali, G.A COMMON ORDER These batch of Writ Petitions came to be listed before this Court after being grouped together and after orders being passed by the Hon'ble Chief Justice vide order dated 3.2.2011. In all these Writ Petitions, the contentions raised were identical, namely the petitioners, who are either minor students represented by their natural guardians or the students themselves. They have filed the Writ Petitions challenging the order of the State Government made in G.O.(1D) No.121, School Education (V2) Department dated 9.4.2010. Pending these Writ Petitions, the petitioners have sought for either interim direction or interim injunction so as to participate in the selection for the various sports events held by the School Education Department fixed on various dates. Pending the Writ Petitions, this Court granted either interim directions or interim injunctions as the case may be. 2. It is not the complaint of the petitioners that the interim orders were not given effect to. On the other hand it is surprising to note as to how the petitioners could challenge the impugned Government Order, which came to be issued after orders passed by this Court in various Writ Petitions starting from W.P.No.15954 of 2008 and batch cases in Tamil Nadu Physical Education Teachers Directors Association vs. Central Board of Secondary Education dated 5.11.2009. This Court considering the grievances projected by the various petitioners therein in paragraph Nos.24 and 26 gave a direction which is 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 stakeholder. 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 crystalised 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.”
3. The petitioners must thank that the respondent State Government did not question the direction issued by this Court. On the contrary, in order to evolve a policy by the State on these aspects projected herein issued in the impugned G.O. The same G.O. referred to the judgment of this Court dated 5.11.2009.
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. 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 2010-2011 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 Government’s 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.
ajr
To
1. The Principal Secretary to Government
State of Tamilnadu
Department of School Education
Fort St.George, Chennai-9.
2. The Director of School Education
Tamilnadu, College Road, Chennai 6
3. The President
School Games Federation of India
Shastri Bhavan,
New Delhi 9