1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.14180 of 2011 Minor, N.AjaSalonee represented by R.Nagasubramanian : Petitioner Vs. 1. The State of Tamil Nadu, represented by its Principal Secretary to Government, Department of School Education, Fort.St.George, Chennai - 600 009. 2. The Director of School Education, College Road, Chennai - 600 006. 3. The Chief Inspector of Physical Education(Girls), Chennai. 4. The School Games Federation of India, represented by its President, Shastri Bhavan, New Delhi - 110 009. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to permit the petitioner's daughter namely M.Aja Salonee, to participate the second selection to represent the School games Federation of India, Tamil Nadu Yoga/Asian Girls Team in the year 2011-12 National Competition to be held on 18.12.2011 at Merit Matriculation Higher Secondary School, Ambasamudram, Tirunelveli District. For Petitioner : M/s.M.Michael Bharathi For Respondents : Mrs.S.Bharathi 1 to 3 Government Advocate For Respondent-4 : Mr.K.K.Senthilvelavan Assistant Solicitor General of India ORDER ****** The petitioner's minor daughter N.Aja Salonee, is studying in 8th standard in P.S.Chidambara Nadar Senior English School which is coming under the CBSE Board. She being the yoga practitioner has participated in National Yoga Championship Competition organized by Yoga Federation of India during 32,33,34 and 35 National Yoga Championship tournaments https://hcservices.ecourts.gov.in/hcservices/ 2 organized at Ranchi, Madurai, Yamuna Nagar, Goa for the period 2008-10, representing the state of Tamil Nadu. When the respondents allowed the sports persons to participate in the Team Games, individual events and competitions held by the respondents, the second respondent by passing the order dated 23.7.2008 stating that from the academic year 2008-2009 participation of CBSE school in all the sports competitions held by the School Education Department of the State of Tamil Nadu is canceled. 2. Under these circumstances, it appears that the petitioner has also filed a Writ Petition challenging the said order in W.P.No.15954 of 2008 along with other writ petitions. This Court by order dated 5.11.2009 while disposing of the said batch of writ petitions gave a direction to the State Government to frame policy after consulting all the State holders by forming a committee comprising representatives of the State and the Centre with further direction that till such time, the policy is framed, no CBSE students shall be prevented from participating in various sports events conducted under the Tamil Nadu School Education Department. When the petitioners are waiting curiously to see the formation of a committee, a resolution was also passed to the fact that the State Government will not permit the CBSE students from participating in various sports events conducted under the School Education Department including the School games Federation of India. Even that Government Order was also challenged in W.P.No.557 of 2011 before this Court and in M.P.2 of 2011 this Court issued a direction to the respondents to permit the petitioners daughter to participate in all the sports events. On the basis of the order passed by this Court, the petitioners daughter participated in the selection of All India Sports Meet and successfully secured fourth place in the National Yoga Championship conducted by the Yoga Federation of India. Under these circumstances, he has prayed for the similar order. 3. The learned Government Advocate appearing for the respondents submits that in view of G.O.Ms.No.224 of 2011 dated 6.8.2011, the petitioner cannot participate as he is a student of CBSE syllabus. 4. When this Court has already passed an order in M.P.No.2 of 2011in W.P.No.557 of 2011, dated 12.1.2011 directing the respondents to permit the petitioner's daughter to participate in all the sports events, the petitioner cannot be denied or prevented from participating in similar tournaments or games held by All India Sports authority. 5. The denial of opportunity to N.Aja Salonee to participate in the second selection to represent the School Games Federation of India, Tamil Nadu Yoga/Asian Girls Team in the year 2011-2011 National Competition is total violation of the Article 39(f) of the Constitution of India which is given as under: "39.Certain principles of policy to be followed by the State.-- The State shall, in particular, direct its policy towards securing -- [(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.] https://hcservices.ecourts.gov.in/hcservices/ 3 Since the Article 39(f) directs that the State shall direct its policy towards securing that the children are given opportunities and facilities to develop in a healthy manner, this Court in continuation of the earlier order dated 12.1.2011 directs the respondents to permit the petitioner's daughter to participate in the second selection to represent the School games Federation of India, Tamil Nadu Yoga/Asian Girls Team in the year 2011-12 National Competition to be held on 18.12.2011 at Merit Matriculation Higher Secondary School, Ambasamudram, Tirunelveli District. 6. With the above direction, the writ Petition is allowed. No costs. vsn Sd/- Assistant Registrar[AS] /True copy/ Sub Assistant Registrar To 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI - 600 009. 2. THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI - 600 006. 3. THE CHIEF INSPECTOR OF PHYSICAL EDUCATION(GIRLS), CHENNAI. 4. THE SCHOOL GAMES FEDERATION OF INDIA, REPRESENTED BY ITS PRESIDENT, SHASTRI BHAVAN, NEW DELHI - 110 009. +1 CC TO M/S.M.MICHAEL BHARATHI, ADVOCATE SR.NO.44172. +1 CC TO M/S.K.K.SENTHILVELAN, ADVOCATE SR.NO.44191. Order made in W.P.(MD).No.14180 of 2011 Dated:16.12.2011 3P/7C RPB : 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/