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2024 Supreme(Online)(MAD) 832
HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
M.K.SURESH – Appellant
Versus
THE SECRETARY TO GOVERNMENT – Respondent
The inspection findings corroborated the school’s compliance with educational regulations, nullifying the allegations of student harassment.
Headnote:
Education - Harassment - Writ Petition - Act Section List - The court analyzed the legal provisions surrounding educational regulations and administrative actions taken against schools, ultimately determining that the school's operations were compliant following an inspection.
Fact of the Case:
The petitioner alleged that the fifth respondent school was harassing students by conducting higher standard classes for lower standard students. Following the complaint, a surprise inspection was conducted, and no basis for the allegations was found.
Finding of the Court:
The court established that the official respondents acted upon the petitioner's representation by conducting an inspection, which revealed that the allegations of harassment were unfounded. The school had complied with regulations.
Issues: Whether the fifth respondent school was conducting classes inappropriately and harassing students as claimed by the petitioner.
Ratio Decidendi: The court concluded that since the inspection confirmed the absence of harassment, the petitioner's grievances were not substantiated.
Final Decision: The writ petition is closed as no harassment was found.
O R D E R
The petitioner has submitted a representation on
12.08.2016 as against the administration of ''Jose Matriculation School, Pothigai Nagar, Tirunelveli District''/the fifth respondent herein that the fifth respondent School is harassing the students by conducting the classes of 10th standard for the 9th standard students. Likewise, they are conducting 12th standard classes for 11th standard students. With that grievance, the petitioner has filed this writ petition for a Mandamus, seeking direction to the official respondents 1 to 4 to take action as against the fifth respondent School by considering his representation, dated 12.08.2016.
2.In the year 2017, the petitioner's son was studying in
9th standard in the fifth respondent School. At that relevant point of time, the petitioner's son was harassed by the fifth respondent School by conducting classes of 10th standard. He also claims that in a similar manner, 12th standard classes have also been conducted for the 11th students. Therefore, the petitioner had obtained Transfer Certificate from the fifth respondent School and has admitted his son in another School. Now the petitioner's son is studying in Law College.
3.The respondents have filed a counter affidavit that based on the representation of this petitioner, a surprise inspection was conducted in the fifth respondent School and found that there is no basis for such allegations. The learned Additional Government Pleader appearing for the official respondents submits that Circulars have been issued to all the Schools not to harass the students in such a manner.
4. This writ petition is pending from the year 2017.
Based on the representation of this petitioner that the fifth respondent School is harassing the students, the Department officials have made a surprise inspection and found that there was no such harassment. It is also stated that circulars insisting the School authorities not to harass the students have also been sent to all the Schools. Now, it is reported that the petitioner's son is studying in Law College.
5.In view of the fact that the representation of the petitioner was acted upon by conducting surprise inspection in the fifth respondent School, this writ petition is closed. No costs.
27.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes vrn To
1.The Secretary to Government of Tamilnadu, School Education Department, St. George Fort, Chennai - 9.
2.The Director of Matriculation School, DPI Compound, College Road, Nungampakkam, Chennai.
3.The District Collector, Tirunelveli District at Tirunelveli..
4.The Inspector of Matriculation Schools, Tirunelveli Region, Tirunelveli.
5.The Correspondent, The Jose Matriculation School, Pothigai Nagar, Tirunelveli District.
B.PUGALENDHI, J.
vrn Order made in
27.02.2024
