1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.3442 of 2011 K.Mohamed Ansari .. Petitioner Vs. 1.The Chief Educational Officer, Office of the Chief Educational Officer, Paragathambal Higher Secondary School Compound, Pudukottai. 2.The District Elementary Educational Officer, Office of the District Elementary Educational Office, Pudukottai. 3.The Assistant Elementary Educational Officer (Nursery & Primary) Office of the Assistant Elementary Educational Office, Pudukottai. 4.The Praide Nursery & Primary School, Rep. by its Correspondent Kozhunthiranpattu Village, Pudukottai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the first respondent herein to consider and dispose the petitioner's representation dated 22.01.2011, which was acknowledged by him on 24.01.2011. For Petitioner :Mr.V.Sitharanjandas For Respondents :Mr.TS.MD.Mohideen AGP for R1 to R3 Mr.M.AjmalKhan for R4 ORDER The petitioner is the Correspondent of Guthoos Matric School, Karambakkudy Taluk, Pudukottai District. In this writ petition, he has come forward to seek for a direction to the respondents 1 to 3 not to permit the fourth respondent school in the nearby area. 2. The contention raised by the petitioner was that a school was running in a land to an extent of 35 cents and they are seeking approval. The State Government has already given Rules and Regulations for getting approval to Nursery and Primary Schools. As per the Regulation, the https://hcservices.ecourts.gov.in/hcservices/ 2 minimum area to establish a school should be 1 acre and 50 cents and it should not be established within 1 km radius of any other existing school. Therefore, the interest of the petitioner is that preventing the other school in getting approval apprehending their student strength may fall. 3. On notice from this Court, the respondent has produced a written communication sent to the petitioner by the District Educational Officer, Pudukottai stating that if any application is received from new school with appropriate form as per the regulations framed for the nursery and primary school, it may be considered. 4. In any event, the petitioner being a neighbouring school owner cannot have any locus standi to file such a writ petition as held by this Court in Aided Elementary School, etc., V. The Government of Tamil Nadu reported in 1997 WLR 862, wherein in paragraph 12 it has held as follows: "It is the policy of the Government to establish as many school as possible in every village and to see that the children are educated. Article 45 of the Constitution envisages compulsory education for children. If only there are necessary infrastructure, children can get education. Further, promotion of education and economic interest of the weaker section of the Society is also one of the directive principles of the State Government. Under Articles 46 and 41 of the Constitution of India, which come under the Directive Principles of State Policy, it is one of the main aims of the Government within the limits of its economic capacity to educate not only the weaker section, but also to provide education to all persons. If, to fulfill this aim, schools are established, and that too Panchayat Schools, petitioners can never be heard to say that if the proposed schools are established, their schools will be affected. Petitioners cannot have any locus standi to challenge the policy of the Government. Even if they are not heard by the Government, that is not going to affect their right, since they have no legal right to be heard." 5. Even then, the so called distant Rule found in the regulation will have to be considered in the light of Article 21(A) of the Constitution of India r/w Right to Education Act, 2009. 6. Under such circumstances, no case is made out. Accordingly, the writ petition stands dismissed. No costs. Sd/- Deputy Registrar (Accounts) /True copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Chief Educational Officer, Office of the Chief Educational Officer, Paragathambal Higher Secondary School Compound, Pudukottai. 2.The District Elementary Educational Officer, Office of the District Elementary Educational Office,Pudukottai. 3.The Assistant Elementary Educational Officer (Nursery & Primary) Office of the Assistant Elementary Educational Office, Pudukottai. +1cc to Mr.V.Sitharanjandas, Advocate, Sr.No.36757 jikr GH : 08.11.2011 : 3p/5c Order made in W.P.(MD)No.3442 of 2011 20.10.2011 https://hcservices.ecourts.gov.in/hcservices/