IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP NO.14255 of 2008
Date of decision: August 13, 2008
Sunil Singh Versus Education Department and others
Coram: Hon'ble Mr.Justice T.S.Thakur, Chief Justice and
Hon'ble Mr.Justice Surya Kant.
Present: Shri I.William Gosain, Advocate, for the petitioner.
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T.S.Thakur, CJ (Oral)
This petition purports to have been filed in Public Interest. It calls in
question a memo dated July 24, 2008 issued by the District Education Officer,
Chandigarh Administration, Chandigarh to all the Heads of the Department,
Govt. Aided/Private/Recognized Schools of U.T.Chandigarh, asking them to
remain open on August 15, 2008 to organize a two hours programme to
celebrate the Country’s Independence Day. The celebrations are to be in the
nature of hoisting of the National Flag, Salutation ceremony, singing of National
Anthem and other cultural programmes if any. The memo also exhorts the
Schools to narrate the stories of freedom fighters and to dis-play the same on
the notice boards of the schools. The school authorities have been called upon
to inform the parents of the children studying in the school in writing well in
advance so that they can make all arrangements for picking up their children
from the schools after the celebrations. The Schools have also been asked to
serve refreshment to the children and to appoint responsible staff member for
the flag lowering ceremony before Sunset.
Appearing for the petitioner Shri I.William Gosain, strenuously
argued that August 15, 2008 being a Gazetted Holiday, the District Education
Officer was not justified in issuing the directions contained in the impugned
memo. According to the learned counsel, the memo does not serve any purpose
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inasmuch as one does not become more patriotic by attending such ceremonies.
He argued that the memo makes it compulsory for the School Administration to
keep the schools open and the staff members to attend the ceremony. This
according to him needs to be corrected by issuing a suitable direction from this
Court.
There is, in our opinion, no merit in the contention urged by Mr.
Gosain. As noticed earlier, the memo is in the nature of instructions to the
Schools to celebrate Independence Day in a manner befitting the importance of
the occasion. It is evident from a plain reading of the memo that the celebration
programme would stretch over just about two hours for the limited purpose of
hoisting the National Flag, holding a salutation ceremony and singing the
National Anthem. We do not see any unconstitutionality or illegality in the
instructions issued by the Directorate to justify interference with the same
especially in exercise of our extra ordinary writ jurisdiction in Public Interest. The
writ petition appears to be misconceived and an abuse of the process of law.
The same is, therefore, dismissed with costs, assessed at Rs.10,000/-.
At this stage, Shri I.William Gosain seeks permission to withdraw
the writ petition un-conditionally to avoid payment of costs. Although, we do not
approve of the practice of withdrawing the petition, after the same has been
dismissed, yet keeping in view the nature of the controversy and the fact that the
matter relates to the celebration of Independence Day, we make an exception
and permit the petitioner to withdraw the writ petition unconditionally. The
petition is, therefore, dismissed as withdrawn, without any order as to costs.
( T. S. THAKUR )
CHIEF JUSTICE
August 13, 2008 ( SURYA KANT )
Malik JUDGE