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2025 Supreme(Online)(Mad) 58655
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
A.Veronica Mary – Appellant
Versus
The Union of India – Respondent
W.P.(MD) No.11863 of 2019
For the Appellants/Petitioners: Mr.R.Alagumani
For the Respondents: Mr.M.Karthikeya Venkatachalapathy, Mr.P.Thilakkumar
The court affirmed that while government obligations exist under welfare schemes, it cannot enforce broad funding mandates without specific complaints of misuse.
Headnote:The petitioner sought a mandamus directing the allocation of pending funds for the implementation of the Right to Education Act, 2009, claiming unutilized funds for children's welfare schemes. The court noted the obligation of the government to investigate misappropriation but ultimately dismissed the writ, advising the petitioner to file specific complaints. The outcome was the dismissal of the petition.
| Table of Content |
|---|
| 1. petitioner sought funds for education (Para 1 , 2) |
| 2. government's duty to investigate misuse (Para 3) |
| 3. writ petition dismissed (Para 4 , 5) |
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
This writ on hand has been instituted seeking a direction to the the second respondent to allocate all pending funds to the Tamil Nadu State Government for the implementation of the Right to Education Act, 2009 and also to ensure that all the students studying in private schools under the Right to Education Act, 2009, in the State of Tamil Nadu, are provided free books, uniforms and shoes in the all upcoming academic years and thus the Act is effectively implemented for ensuring the basic fundamental rights of the poor children in accordance with law.
2. Learned counsel for the petitioner would submit that the funds allotted for 25% of the children studying in the schools, who are admitted under the Right of Children to Free and Compulsory Education Act, 2009, has not been utilized for the purpose for which it is allotted by the Government. In other words, the Government Welfare Schemes are not implemented to the students, who are all studying in the private schools under 25% quota.
3. Funds allocated to the private schools for implementation of the Government Welfare Schemes to the children must be utilized for the purpose for which it is allocated. In the event of any wrong usage or misappropriation, a complaint may be filed by any person, who has knowledge about such misappropriation of funds. In the event of receiving any such complaint, the Director of School Education or the Government, as the case may be, is bound to conduct an inspection, scrutinize the documents of the school concerned and if the Government funds are misutilized or misappropriated, then all further appropriate actions are to be initiated to recover the amount and to implement the Government Welfare Schemes for the benefit of the children.
4. However, the prayer at large as such sought for in this writ petition cannot be granted. The petitioner is at liberty to submit a specific complaint against the school, who is misappropriating such Government funds.
5. With the above observation, this writ petition is dismissed. No costs.
