Madras High Court
The Association Of Special Teachers For ... vs The Union Of India on 18 July, 2023
Author: S.S.Sundar
Bench: S.S.Sundar, D.Bharatha Chakravarthy
W.P(MD)Nos.8907 of 2008 &
9826 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P(MD)Nos.8907 of 2008 and 9826 of 2009
and
connected miscellaneous petitions
W.P(MD)No.8907 of 2008:-
The Association of Special Teachers for the Disabled (Regd.)
Rep. by its President,
Ponnuthai Illam, Library Street,
Ellapatty, Markayankottai Post,
Uthamapalayam Taluk,
Theni District. ... Petitioner
-vs-
1. The Union of India,
Rep. by its Secretary,
Ministry of Human Resources and Development,
Department of Secondary and Higher Education,
Sasthri Bhawan,
New Delhi.
2. The State of Tamilnadu,
Rep. by its Secretary,
Department of School Education,
College Road,
Chennai.
3. The District Collector,
Theni District, Theni.
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W.P(MD)Nos.8907 of 2008 &
9826 of 2009
4. The Director of School Education,
Directorate of School Education,
College Road,
Chennai.
5. The Chief Educational Officer,
Theni District,
Theni.
6. The Secretary,
Integrated Education Implementation Committee,
37, Teachers Colony,
Muthupatty,
Alagappan Nagar,
Madurai.
7. The Commissioner of Rehabilitation for the Disabled,
15/1, Model School Road, Thousand Light, Chennai-6.
8. Keelottivakkam Grama Sangam,
Kancheepuram.
9. Cheran Region Christian Society for the Disabled,
Coimbatore.
10. Sri Avinashalingam Education Trust Institutions,
Coimbatore.
11. Vinmathee Educational & Rural Development Society,
Trichy.
12. SOC SEAD, Trichy.
13. Shri Shanmugananda Ashramam,
Kumbhakkonam.
14. Tamilnadu Association for the Blind,
Tondiarpet, Chennai.
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W.P(MD)Nos.8907 of 2008 &
9826 of 2009
15. National Association for the Blind,
Madhavaram, Chennai.
16. Pallava Council for Integrated Education,
Vellore.
17. Integrated Education Promotion Council,
Cuddalore.
18. Integrated Education Programme for Disabled,
Palayamkottai.
19. St.Johns Sangam Trust,
Perambalur. ... Respondents
(R8 to R19 are suo motu impleaded as party respondents as per the
order of this Court dated 19.09.2011)
PRAYER: Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, forbearing the 2nd respondent
from implementing the Integrated Education Implementation
Committee Scheme 1992 through Non-Governmental Organisations
including the 6th respondent herein and consequently direct the 2nd
respondent to implement the said scheme by itself by nominating
the education department as implementing agency.
For Petitioner : Mr.R.Govindaraj
For R1 : Mr.C.Nandha Gopal
For R2 to R5 : Mr.P.Thilakkumar, Government Pleader
For R6 : Mr.P.Ganapathy Subramanian
W.P(MD)No.9826 of 2009:-
The Association of Special Teachers for the Disabled (Regd.)
Rep. by its President,
Ponnuthai Illam, Library Street,
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Page 3 of 7
W.P(MD)Nos.8907 of 2008 &
9826 of 2009
Ellapatty, Markayankottai Post,
Uthamapalayam Taluk,
Theni District. ... Petitioner
vs.
1. The Union of India,
Rep by its Secretary,
Ministry of Human Resources and Development,
Department of Secondary and Higher Education,
Sasthri Bhawan, New Delhi.
2. The State of Tamilnadu,
Rep. by its Secretary,
Department of School Education,
College Road, Chennai.
3. The Director of School Education,
Directorate of School Education,
College Road, Chennai.
4. The Commissioner of Rehabilitation for the Disabled,
15/1, Model School Road, Thousand Light, Chennai-6.
... Respondents
(R4 suo motu impleaded as per the order dated 24.02.2010 in
W.P(MD)Nos.9826 of 2009 & 8907 of 2008)
PRAYER: Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, forbearing the 2nd respondent
from implementing the IEDSS Scheme through any non
Governmental Organization the Integrated Education
Implementation Committee Scheme 1992 through Non-
Governmental Organisations including the 6th respondent herein and
consequently direct the 2nd respondent to implement the said
scheme by itself by nominating the education department as
implementing agency.
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Page 4 of 7
W.P(MD)Nos.8907 of 2008 &
9826 of 2009
For Petitioner : Mr.R.Govindaraj
For R1 : Mr.M.Gopala Krishnan
For R2 & R3 : Mr.P.Thilakkumar, Government Pleader
For R4 : No appearance
COMMON ORDER
[Order of the Court was made by S.S.SUNDAR, J.] Having regard to the nature of the prayer in these two writ petitions, this Court finds that the writ petitions in public interest is not maintainable as the matter relates to service.
Secondly, the contesting respondent in these two appeals states that teachers are receiving salary directly from the Government by virtue of direct payment orders.
2. In view of the same, the Writ Petitions are dismissed. No costs. Connected miscellaneous petitions are closed.
[S.S.S.R, J.] [D.B.C., J.]
18.07.2023
Index : Yes / No
Neutral Citation : Yes / No bala https://www.mhc.tn.gov.in/judis Page 5 of 7 W.P(MD)Nos.8907 of 2008 & 9826 of 2009 To
1. The Secretary, Union of India, Ministry of Human Resources and Development, Department of Secondary and Higher Education, Sasthri Bhawan, New Delhi.
2. The Secretary, State of Tamilnadu, Department of School Education, College Road, Chennai.
3. The District Collector, Theni District, Theni.
4. The Director of School Education, Directorate of School Education, College Road, Chennai.
5. The Chief Educational Officer, Theni District, Theni.
6. The Secretary, Integrated Education Implementation Committee, 37, Teachers Colony, Muthupatty, Alagappan Nagar, Madurai.
7. The Commissioner of Rehabilitation for the Disabled, 15/1, Model School Road, Thousand Light, Chennai-6.
https://www.mhc.tn.gov.in/judis Page 6 of 7 W.P(MD)Nos.8907 of 2008 & 9826 of 2009 S.S.SUNDAR, J.
and D.BHARATHA CHAKRAVARTHY, J.
bala W.P(MD)Nos.8907 of 2008 and 9826 of 2009 18.07.2023 https://www.mhc.tn.gov.in/judis Page 7 of 7