Madras High Court
General Manager vs A.Elumalai on 15 June, 2021
W.A.No.188 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.188 of 2020
and C.M.P.No. 2819 of 2020
1.General Manager
Southern Railway,
O/o.The General Manager,
Southern Railway,
Chennai - 600 003.
2.The Correspondent,
Railway Mixed High School/Villupuram,
Being the Divisional Personnel Officer,
O/o.The Divisional Railway Manager,
Tiruchirappalli Division,
Southern Railway,
Tiruchirappalli.
3.The Head Master,
Railway Mixed High School/Villupuram,
North Colony, Villupuram Junction,
Villupuram - 605 602. .. Appellants
Vs
1.A.Elumalai
2.P.Armstrong Issac .. Respondents
Appeal filed under Clause 15 of the Letters Patent against the
order dated 31.10.2019 made in W.P.No.29651 of 2019.
Page 1 of 7
https://www.mhc.tn.gov.in/judis/
W.A.No.188 of 2020
For Appellants : Mr.Radhakrishnan, Sr. Counsel
for Mr.P.T.Ramkumar
For Respondents : Mr.K.Govi Ganesan
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred against the order of the learned
Single Judge, who upon hearing the parties, granted relief directing the
appellants not to close the school till the wards of the respondents and
the other students complete their studies up to X standard in the
Railway Mixed High School, Villupuram. Incidentally, a further direction
has been issued not to deny admission to any student.
2. Learned Senior Counsel appearing for the appellants
submitted that the school was started nearly a century ago at the point
of time, where there was no other educational institution available to
the wards of the railway employees at Villupuram. At present, there
are five other schools available within 500 meters of the existing
school which is inclusive of three Government Schools.
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W.A.No.188 of 2020
3. Learned Senior Counsel further submitted that the norms as
fixed under the Right of Children to Free and Compulsory Education
Act, 2009 could not be reached for want of adequate students.
However, the staff and faculty will have to be paid leading to huge
expenditure in running the school notwithstanding inadequate
students. The Head Master of the school alone is being paid
Rs.1,20,000/- per month. Therefore, there is huge revenue loss in
running the school. The decision to close the school is a policy decision
and the respondents would not have any vested right. There are only
few wards of the railway employees at present studying in the school.
Of the two writ petitioners/respondents, ward of the first respondent
has already completed the school and the second respondent is not an
employee. The writ petition has been filed on an extraneous reasons.
There is neither any public interest nor any personal interest involved.
4. Mr.K.Govi Ganesan, learned counsel appearing for the
respondents submitted that there is no need to close the school which
affects the interests of the respondents and that of the public.
Admissions are not being made. The question of loss cannot be put
against running of the school. The learned Single Judge has taken note
of the above said facts while allowing the writ petition and, therefore,
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W.A.No.188 of 2020
no interference is required.
5. The factual averments made on behalf of the appellants are
not denied and in any case, we do not find any contra material to
dispute the same. Admittedly, the appellants are incurring huge loss
and there is lack of adequate strength of students. Learned Senior
Counsel submitted that as on today the school is running with only 18
students and the faculty and the staff strength exceeds the students
studying. A huge amount of revenue is being spent though there is
insufficient student strength. There are many number of schools
available in the nearby area. A conscious decision has been taken to
close the school to avoid further loss. This was also based upon the
audit report of the Principal Director of Audit. The object of starting the
school a century ago was to facilitate the wards of the railway
employees who would be on transfer otherwise. Now, much water has
flown under the bridge. The ward of the first respondent, who is an
employee, has passed out and the second respondent was not an
employee. It is not the case of the respondents that the other schools
could not accommodate the students. There is also an option available
to the employees of the Railways to avail educational facilities for the
children in schools run by other agencies. Pursuant to the policy
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W.A.No.188 of 2020
decision, another school in Villupuram was already closed.
6. As the decision taken was an administrative one pursuant to
the policy evolved, we do not find any arbitrariness involved. The writ
petition has been filed not as a public interest litigation but to protect
the interest of the wards of the respondents. As stated, there are
sufficient schools within the vicinity and for the employees of the
railways, financial support is available to avail educational facilities
even in the schools run by the other agencies.
7. Running the school with mere 18 students would certainly be
against the public interest. Because of the school being run by the
orders of this Court, more than a crore is being spent on the students.
Now, these teachers and other staff members can be sent to other
schools and given alternative employment as stated by the learned
Senior Counsel.
8. In such view of the matter, we are of the view that the
learned Single Judge is not correct in passing the order under
challenge. In our considered view, the learned Single Judge has not
taken into consideration all the relevant materials. Instead of going by
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W.A.No.188 of 2020
the sentiments, one has to test the decision made in the light of the
facts placed before the Court and not on the general principle. In such
view of the matter, we are inclined to set aside the order passed.
Accordingly, the order passed by the learned Single Judge stands set
aside.
9. Accordingly, the writ appeal stands allowed. No costs.
Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
15.06.2021
Index:Yes/No
mmi/ssm
https://www.mhc.tn.gov.in/judis/
W.A.No.188 of 2020
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.188 of 2020
15.06.2021
https://www.mhc.tn.gov.in/judis/
