IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.08.2011 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.1374 of 2009 1 D. KARNAN [ PETITIONER ] Vs 1 THE STATE OF TAMILNADU REP. BY THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARMTNET FORT ST. GEORGE CHENNAI600 009 2 THE DIRECTOR OF SCHOOL EDUCAITON COLLEGE ROAD CHENNAI 600006 3 THE DISTRICT EDUCAITONAL OFFICER DHARMAPURI DISTRICT DHARMAPURI 4 THE DISTRICT EMPLOYMENT OFFICER DHARMAPURI DISTRICT EMPLOYMENT OFFICE DHARMAPURI [ RESPONDENTS ] Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Declaration declaring that the G.O.Ms.No. 176 (School Education Q-2 Department dated 20-08-2008 passed by the first respondent and also the consequential proceedings passed by the respondents based on the above said Government order as null and void and ultravires and consequently pass an order of direction directing the respondents to provide an appointment for the post of Yoga Teacher to the petitioner. For Petitioner :: Mr.G.Anbarasu For Respondents :: Mr.I.Arockiasamy, GA(Edn.) O R D E R The petitioner has come forward to challenge an order passed by the State Government in G.O.Ms.No.176 School Education Department dated 20-08-2008. By the aforesaid order, the State Government introduced yoga for classes VI to XI. By introducing yoga classes https://hcservices.ecourts.gov.in/hcservices/ without interrupting the regular academic work, the State Government directed the School management that out of two teaching hours allotted to physical education, one teaching hour can be used for Thianam, Yogasanam and Pranayamam and there is no change for another one hour teaching in physical education. It is also made clear that while preparing time table, the School management must adhere to allot one hour teaching time for yoga classes for the students and there may not be any disturbance to the regular academic work. The State Government also stated that yoga shall be taught to the students by the Physical Education Teachers. For that purpose, they have been given training in the Block Resource Centre. 2. The grievance of the petitioner was that instead of appointing Yoga teachers, who are having qualification, asking the Physical Education Teachers to teach Yoga was erroneous and this denies employment to the persons who are having regular Diploma. It is also stated that Physical Education Teachers are not qualified to teach Yoga and no one can learn the principles of Yoga within a short training given by the Block Resource Centre. It is also claimed that the petitioner had obtained the Diploma in Yogic Science and Education from the Manonmaniam Sundaranar University at Tirunelveli and he is competent to teach Yoga. In that view of the matter, the Writ Petition came to be filed. 3. The Writ Petition was admitted on 9.12.2010. Pending the Writ Petition, in the application for stay, only Notice was ordered. Subsequently, the said application was dismissed by this Court. 4. The petitioner is a rank outsider to the impugned G.O. It is for the Government to decide not only the core curriculum of academic work but even the extra curricular co-related courses that is to be taught to the students. In the present case, the preamble to the Government Order itself shows that by imparting training in Yoga, the students can have good habits and good sense. The said courses have been introduced without disturbing the other curriculum work run by the School. As to how the said training should be given is largely left to the State Government and the petitioner under the guise of challenging the G.O cannot claim the avenue for appointment. The petitioner in the absence of legal or enforceable right cannot challenge the said Government Order. The Writ Petition is misconceived. Accordingly the writ petition stands dismissed. No costs. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ ajr To 1 THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARMTNET FORT ST. GEORGE CHENNAI600 009 2 THE DIRECTOR OF SCHOOL EDUCAITON COLLEGE ROAD CHENNAI 600006 3 THE DISTRICT EDUCAITONAL OFFICER DHARMAPURI DISTRICT DHARMAPURI 4 THE DISTRICT EMPLOYMENT OFFICER DHARMAPURI DISTRICT EMPLOYMENT OFFICE DHARMAPURI 1 cc To Mr.G.Anbarasu, Advocate, SR.49367. 1 cc To The Government Pleader, SR.49487. W.P.No.1374 of 2009 RS(CO) RVL 24.08.2011 https://hcservices.ecourts.gov.in/hcservices/