Starting or running new school in contravention of the rules and notification.

This is a Writ Petition for the issue of a writ of mandamus directing the Panchayat Union Council, Kadayanallur, represented by its Commissioner at Kadayanallur to forbear from starting the feeder school at Kammapatcheri, Tenkasi Taluk, under its management.

The short facts that are necessary for the disposal of this Writ Petition are as follows. The petitioner, one Rajamani, started as early as 1941 an aided Elementary School at Kammapatcheri having Standards I to V for the total population of that village of 690. The school was recognised and the petitioner was getting aid from the Government. The school run by the petitioner is a brick-built one. While the petitioner is running the school, the Panchayat Union Council started another Elementary School for Standards I to III in improvised thatched sheds. The petitioner is aggrieved that the conduct of the Panchayat Union Council by opening an Elementary School is only due to enmity and not due to the convenience of the villagers Therefore, the petitioner has filed the present petition for the issue of a writ of mandamus directing the Panchayat Union Council not to start the school. Along with the writ petition the petitioner has filed another petition for interim injunction restraining the respondent from opening the school. Srinivasan, J., allowed both the schools to function, as the Panchayat Union Council had by that time started the proposed Elementary School and begun to admit children in that school. This writ petition has come up before me for final hearing after a period of three years, and the learned Counsel for the petitioner contended before me that there are two Notifications issued by the Government, where it is specifically stated that the Panchayat Union Council should consult the local panchayats in the area before opening of new schools or new classes in existing schools and regarding the location of such schools, and that they could open new Elementary Schools in a locality, which has no school within a radius of one mile and which has a population of not less than 300. Admittedly, the school in question opened by the Panchayat Union Council to Kadayanallur, is within 40 yards of the institution belonging to the petitioner. This is a deliberate breach of the Rules for the grant of recognition and aid to Elementary Schools, committed by the Panchayat Union Council, Kadayanallur, and as such the petitioner has got every right to come to this Court for the issue of writ of mandamus directing the Panchayat Union Council to forbear from running the schools. Therefore, the only question for my consideration is whether the Panchayat Union Council has got a right to start another school of their own in spite of the fact that a private person is running an aided Elementary School in that locality. Under section 65 (e) of the Madras Panchayats Act, 1958 it is the duty of a Panchayat Union Council, within the limits of its funds, to make reasonable provision for carrying out the requirements of the Panchayat Union in respect of the opening and maintenance and expansion or improvement of Elementary Schools, including the payment of grants to private managements in respect of Elementary Schools. It is also necessary to refer to rule 4 of the Rules for the grant of recognition and aid to Elementary Schools where it is provided that no new schools shall be permitted to be opened by a local authority in a locality which is adequately served by an aided school or schools already existing in the locality. This rule must be read along with section 65 of the Madras Panchayats Act, 1958. In addition to these specific provisions there is also the notification of the Government which has been circulated to all gramasevaks, to the social education organizers, to all managers of aided Elementary Schools and to all Extension Officers, that the Panchayat Union Council should consult the local panchayats in the area before opening of new schools or new classes in existing schoo