Madras High Court
Tdta Primary And Middle Schools vs The Additional Chief Secretary on 8 December, 2014
Author: K.B.K.Vasuki
Bench: K.B.K.Vasuki
BEFORE THE MADRUAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2014 CORAM THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Writ Petition(MD)No.14494 of 2012 & Miscellaneous Petition (MD) No.2 of 2012 TDTA Primary and Middle Schools, Rep. by its Manager, J.Samy doss, CSI Diocese Office, 5, Punithavathiyar Street, Palayamkottai, Tirunelveli District. ... Petitioner Vs. 1.The Additional Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai. 2.The Secretary to Government, Government of Tamil Nadu, School Education (C2) Department, Fort St. George, Chennai. 3.The Director of School Education, DPI Compound, College Road, Nungampakkam, Chennai. 4.The Chief Educational Officer, Tirunelveli District, Tirunelveli. 5.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli. ... Respondents Prayer Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Declaration, declaring that the Form II of Appendix in Tamil Nadu Right of Children to Free and Compulsory Education Rules, as it restricts the period of recognition to specific period is concerned is illegal and ultra vires of Articles 14 and 30(1) of the Constitution of India. For Petitioner : Mr.S.Chellapandian For Respondents : Mr.G.Muthukannan Government Advocate :O R D E R
Though the relief sought for herein is larger in nature for declaring Form-II of Appendix in Tamil Nadu Right of Children to Free and Compulsory Education Rules, which restricts the period of recognition to specific period as illegal and ultra vires of Articles 14 and 30(1) of the Constitution of India, during the pendency of the present writ petition, batch of writ petitions in W.P.No.416 of 2012 etc. batch [Pramati Educational and Cultural Trust (Registered) and Others vs. Union of India and Others] came to be filed challenging the very validity of Constitution (Ninety-third Amendment) Act, 2005, inserting Clause 5 in Article 15 of the Constitution of India and Constitution (Eighty-sixth Amendment) Act, 2002 inserting Article 21-A of the Constitution on the ground that it altered the basic structure or framework of the Constitution and therefore, the same is illegal, invalid, unconstitutional and ultra vires of the Constituent Power and vitiated. While, dealing with the issue, the Constitutional Bench of the Hon'ble Apex Court has also dealt with the vires of 2009 Act i.e., The Right of Children to Free and Compulsory Education Act, 2009 [Act 35 of 2009] and ultimately upheld the Constitutional Ninety-third Amendment and Eighty-sixth Amendment and the vires of 2009 Act. While doing so, the Hon'ble Apex Court has in paragraph 56 of the Judgment, held that 2009 Act insofar as it applies to minority Schools, aided or unaided, covered under Clause (1) of the Article 30 of the Constitution is ultra vires and accordingly, allowed the writ petitions filed on behalf of Muslim Minority Schools Managers Association and dismissed the writ petitions filed on behalf of non-minority private unaided Educational Institutions.
2. Form-II of Appendix, which is the subject matter of the issue in the present case is concerned, the same is appended to 2009 Act, which is held to be ultra vires of the Constitution, insofar as the minority aided and unaided Institutions are concerned. The petitioner's Institution is admittedly a minority aided School as evident from the orders of the Division Bench of this Court, dated 17.12.1975, made in W.P.No.294 of 1975. In that event, the petitioner's school and other schools enjoying the similar status, cannot be compelled to give declaration in Form-II as per Section 12(4) of the Act, which is not applicable to the minority Institutions.
3. In view of the above stated legal position, the respondents are directed not to enforce any of the provisions of the Act 35 of 2009, insofar as it relates to the petitioner's school. The writ petition is accordingly ordered. No costs. Consequently, connected miscellaneous petition is closed.
08.12.2014 Index : Yes/No Internet : Yes/No smn2 To 1.The Additional Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai. 2.The Secretary to Government, Government of Tamil Nadu, School Education (C2) Department, Fort St. George, Chennai. 3.The Director of School Education, DPI Compound, College Road, Nungampakkam, Chennai. 4.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
5.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.
K.B.K.VASUKI, J.
smn2 W.P(MD)No.14494 of 2012 & M.P.(MD) No.2 of 2012 08.12.2014