Madras High Court
Tamil Evangelical Lutheran Church vs The Union Of India on 8 February, 2018
Author: R.Mahadevan
Bench: R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :08.02.2018 CORAM THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.Nos.100 of 2013, 7040 of 2012,25636 of 2012, 27018 to 27021 of 2012, 27189 to 27193 of 2012, 27538 to 27545 of 2012 & 27601 of 2012 and M.P.Nos.1,1,2,2,2,2,2,2,2,2,2 & 1 of 2013 W.P.No.100 of 2013 Tamil Evangelical Lutheran Church, Represented by its Secretary, (TELC) Church Council, Regn.No.2/1918-1919 Tranquebar House, Tiruchirapalli 620 001, Tiruchirapalli District. ..Petitioner vs 1.The Union of India, rep.by its Director, Ministry of Human Resource Development, Department of School Education and Literacy, Government of India, New Delhi. 2.State of Tamil Nadu, rep.by its Secretary to Government, School Education Department, Secretariat, Chennai 9. 3.Director of School Education, Chennai 6. 4.Director of Elementary Education, Chennai 6. 5.Director, Teacher Education, Research and Training, Chennai 6. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the Section 21 and 22 of Right of Children to free and compulsory Education Act, 2009(35 of 2009) and Rule 14 of the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011 and the guidelines issued by the 2nd respondent in G.O.Ms.No.213, School Education Department, dated 26.12.2011 as arbitrary, un-constitutional, in-applicable, in so far as the Schools run by the Petitioner Society are concerned, in particular, wherever it deprives representation from the Management in the School Management committee and power of supervision given to the School Management Committee and power of supervision given to the School Management Committee in preparing the School Development Plan, monitoring the working of the school is concerned. For Petitioner : P.Ganesan for M/s.C.S.Associates For RR1 : M/s.N.Ramesh For R2 to R5 : M/s.C.Munusamy Special Government Pleader (Education) C O M M O N O R D E R
The prayer made in these writ petitions is to declare Sections 21 and 22 of the Right of Children to free and compulsory Education Act, 2009 (35 of 2009) and Rule 14 of the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011 and the guidelines issued by the second respondent in G.O.Ms.No.213, School Education Department, dated 26.12.2011 as arbitrary, un-constitutional, in-applicable, in so far as the Schools run by the Petitioner Society are concerned.
2.According to the petitioners, they are the minority institutions and have got the right to establish and administer the educational institutions as conferred under Article 30(1) of the Constitution of India. While so, the Government has issued certain guidelines in G.O.Ms.No.213 School Education (C2) Department, dated 26.12.2011, as per which, the petitioners were directed to form the School Management Committee, as the Right of Children to Free and Compulsory Education Act, 2009, mandates the same. Hence, these writ petitions.
3.When the writ petitions were taken up for consideration, the learned counsel for the petitioners and the learned Standing Counsel for the respective respondents jointly submitted that the issue involved herein is covered by the Larger Bench decision of the Hon'ble Supreme Court in Pramati Educational and Cultural Trust and others vs. Union of India and others [2014 (4) MLJ 486 (SC)], wherein, it has been held that the 2009 Act, insofar as it applies to minority schools, aided or unaided, covered under clause (1) of Article 30 of the Constitution is ultra vires the Constitution.
4.In the light of the Larger Bench decision of the Hon'ble Supreme Court as referred to above, all the writ petitions are allowed by quashing G.O.Ms.No.213, School Education (C2) Department, dated 26.12.2011 as far as the petitioners are concerned. No costs. Consequently, connected Miscellaneous Petitions are closed. 08.02.2018 kak/rk Index:Yes/No To
1.The Director, The Union of India, Ministry of Human Resource Development, Department of School Education and Literacy, Government of India, New Delhi.
2.The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Chennai 9.
3.Director of School Education, Chennai 6.
4.Director of Elementary Education, Chennai 6.
5.Director, Teacher Education, Research and Training, Chennai 6.
R.MAHADEVAN, J.
kak/rk W.P.Nos.100 of 2013, 7040 of 2012,25636 of 2012, 27018 to 27021 of 2012, 27189 to 27193 of 2012, 27538 to 27545 of 2012 & 27601 of 2012 08.02.2018