Opening of an elementary school in the village cannot be challenged by the existing school.

1. Petitioner seeks issuance of writ of mandamus forbearing the respondents from in any manner approving the proposal of granting sanction for starting a Panchayat Union Elementary School within the vicinity of Vandanaththampatti Village Sankarankoil Taluk, Tirunelveli District contrary to the Tamil Nadu Panchayats Act, 1994, G.Os. issued from time to time in respect of distance between two schools and pass such further orders.

2. In the affidavit in support of the petition, which is sworn to by the Secretary of the school, it is said that the petitioner school has classes from first standard to fifth standard and the elementary school is functioning under the control of the second respondent and it satisfies the requirements of Veerasingamani Village. It is said that the school is functioning with utmost satisfaction of the general public as well as the educational authorities and is producing very good results.

3. It is also said as per G.O.Ms.No.1965, Education Department, dated 9.11.1965, Government had stipulated two conditions for opening new elementary schools by the Panchayat Union concerned. They are, the population of the area should not be less than 300 and there should not be any school within a radius of one mile. The G.O. further stipulated that the Panchayat Union councils are empowered to open new schools without consulting the Education Department, subject to fulfilment of the above said conditions. It is said that the above G.O. is in existence for the past 30 years and the conditions regarding the population and radius with regard to distance for establishment of new schools have been changed as per Government letter dated 6.9.1995, wherein the population of the area has been increased from 300 to 500 and with respect to distance, it was reduced from one mile to one kilometre.

4. It is also said that under Sec.112 of the Tamil Nadu Panchayats Act, 1994, the resolution of the concerned Panchayat Union Council is necessary before starting a new elementary school in a locality. The reason for filing this writ petition is that a proposal has come for establishing a school in the village and the same was proposed by the petitioner and the members of the petitioner also filed representations. It is further stated that the Panchayat Union has not passed resolution and it is for the Panchayat Union to decide whether elementary school is required within that area. Without satisfying the statutory conditions, no school should be established within the village or at least within the prohibited distance, is the case of the petitioner.

5. Even at the time of admission, I heard the Government Pleader, who contended that the writ petition itself is not maintainable and the petitioner has no locus standi to file the writ petition.

6. As against that contention, the learned counsel for the petitioner relied on the decision reported in Rajamani v. Panchayat Union Council, (1967)1 MLJ. 63.wheresingle Judge of this Court considered a similar question and held:

“A person already running an existing elementary school in the locality has got every right to come to court as an aggrieved party and ask for the issue of writ of mandamus on the ground that there was breach of the rule, and notifications in opening another elementary school by the Panchayat Union in the instant case.”

The learned Judge was relying on Sec.65(e) of the Madras Panchayats Act 1958, which is corespondent to Sec.112 of the present Act. In the present Act also there is a provision under Sec.112, Clause (e), wherein it provides,

“Sec.112: Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of 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 following matters, namely,

* * * *

(e) the opening and maintenance and expansion or improvement of elementary schools, including the payment of grants to private ma