Association of Teachers Not entitled to file writ petition for not implementing Government orders.

The Honourable Chief Justice:

This writ appeal has been filed by an Association calling itself as Tamilaga Asiriyar Koottani.

2. The writ petition was filed for a mandamus forbearing the respondents from implementing the G.O.Ms.No.13 School Education (C2) Department dated 9.2.2005 till the end of the academic year 2004-05 i.e. 31.5.2005 and for a consequential direction to the respondents to consider the grievance of the elementary school Head Masters working in the upgraded middle schools as per G.O.Ms.No.39 dated 21.3.2002 and G.O.Ms.No.135 dated 23.8.2002 for replacement, transfer and postings in the month of June 2005.

3. As per G.O.Ms.No.13, 676 elementary schools were upgraded as middle schools and directions were given to fill up the post of Headmasters in such upgraded middle schools from the Headmasters in elementary schools on the pay scale of Rs.5300-150-8300 and B.T. Assistants and Tamil teachers on the pay scale of Rs.5500-200-9000.

4. In our opinion, the appellant had no locus standi to file the writ petition or this writ appeal.

5. A Division Bench of this Court in Formation of Indian Network Marketing Association, Chennai vs. M/s. Apple FMCG Marketing Pvt. Ltd. Chennai and others (Writ Appeal No.688 of 2005 dated 7.4.2005) has held that such writ appeals are liable to be dismissed on the ground of lack of locus standi (vide paragraphs 6 to 13). In paragraph – 6 of the said judgment it was observed: -

" It is well settled that ordinarily a writ petition or writ appeal can only be filed by someone who is personally aggrieved”.

6. In Indian Sugar Mills Association Vs. Secretary to Government, AIR 1951 All 1 a Full Bench of the Allahabad High Court held (vide paragraphs 10 and 11):-

“ The further argument is that any person, whether his interests are directly affected or not, can file an application challenging any Act of the Legislature or the order of the Government on the ground that it is ultra vires. In this connection we cannot do better than quote the decision of the learned Judges of the Supreme Court of the United States in Commonwealth of Massachusetts V. Andrew W.Mellon, 262 U.S. 447:67 Lawyers Edn. 1078, Sutherland, J. who delivered the opinion of the Court quoted with approval the remarks of Thomson, J. with whom Story, J. concurred, which were as follows:

“It is only where the rights of persons or property are involved, and when such rights can be presented under some judicial form of proceedings, that courts of justice can interpose relief.”

Dealing with the question whether a single tax-payer can challenge the enforcement of a Federal Appropriation Act on the ground that it was invalid and would increase the burden of his taxes, the learned Judge observed:

“His interest in the moneys of the treasury-partly realised from taxation and partly from other sources-is shared with millions of others; is comparatively minute and indeterminable; and the effect upon future taxation of any payment out of the funds so remote, fluctuating, and uncertain that no basis is afforded for an appeal to the preventive powers of a Court of equity……If one tax-payer may champion and litigate such a cause, then every other tax-payer may do the same, not only in respect to the statute hereunder review, but also in respect of every other appropriation Act and statute whose administration requires the outlay of public money, and whose validity may be questioned. The bare suggestion of such a result, with its attendant inconveniences, goes far to sustain the conclusion which we have reached, that a suit of this character cannot be maintained.”

Those remarks are with reference to a suit. They are much more applicable to proceedings under Article 226 which are of a summary and of a coercive nature without providing for a normal trial or a right of appeal except in those cases where a substantial question of interpretation of the constitution arises. This Court is being flooded with applications under Article 226 of the Const