Madras High Court
The Organisation Of Muslim ... vs State Of Tamil Nadu on 11 January, 2022
W.P.No.334 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.334 of 2022
The Organisation of Muslim Education Institutions
and Associations of Tamil Nadu (OMEIAT)
Rep. by the General Secretary
S.Ahamed Meeran
Regd. Office: Anjuman Campus
No.16, B N Reddy Road, T.Nagar
Chennai 600 017. .. Petitioner
Vs.
1. State of Tamil Nadu
rep. by its Principal Secretary to Government
School Education Department
Secretariat, Chennai 600 009.
2. The Director of School Education
DPI Campus, College Road
Chennai 600 006.
3. The Director of Government Examinations
DPI Campus, College Road
Chennai 600 006.
___________
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.P.No.334 of 2022
4. Linguistic Minorities Forum of Tamil Nadu
Rep. by its Chairman Dr.C.M.K.Reddy
Having office at
306, Poonamallee High Road
Kilpauk, Chennai 600 010. ..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying for a writ of Mandamus directing the respondents 1 to 3
herein to include minority languages, other than Tamil, as one of the
compulsory papers for Paper II under Part-I, along with Tamil, to get
a pass mark in the X Standard Public Examinations.
For the Petitioner : Mr.Krishna Ravindran
For the Respondents : Mrs.Mythereye Chandru
Special Govt. Pleader
for respondents 1 to 3
ORDER
(Order of the Court was made by
the Hon'ble Acting Chief Justice)
The writ petition has been filed for a direction to the
respondents 1 to 3 to include the minority languages, other than
Tamil, as one of the compulsory papers for Paper II under Part-I,
along with Tamil, to get a pass mark in the X Standard Public
___________
https://www.mhc.tn.gov.in/judis
W.P.No.334 of 2022
Examinations.
2. A writ petition with similar prayer, rather almost identical,
was preferred by the petitioner in W.P.No.28034 of 2016 and the
same was disposed of by this Court by order dated 01.02.2017.
Therefore, a second writ petition for the same prayer is not
maintainable. If the compliance of the earlier order was not made,
the petitioner ought to have filed a contempt petition for non-
compliance of the order, but cannot invoke the jurisdiction of this
Court again for the same relief, thereby multiplying the litigation
unnecessarily. Further, it cannot be permitted only for the reason
that the petitioner was sleeping over the matter for years together
to seek compliance of the order.
3. Even if we dispose of this matter with the same direction as
was given in the earlier writ petition filed by the petitioner, there
may be non compliance of the said order and in such event, the
petitioner would come out with the third writ petition because they
do not have any intention to file a contempt petition.
___________
https://www.mhc.tn.gov.in/judis
W.P.No.334 of 2022
4. The procedure aforesaid is not permissible, rather it has to
be avoided. It is more so while the issue raised by the petitioner is
considered to be a policy decision to be taken by the respondents as
per the earlier judgment.
5. In view of the above, a prayer is made by learned counsel
for the petitioner that instead of directing the respondents to take a
policy decision now, a direction may be issued to include the
minority language other than the compulsory language for the
option of the students. We cannot go against the earlier decision of
the Division Bench holding it to be a policy decision and thus, the
prayer made by learned counsel for the petitioner cannot be
granted.
6. That apart, as per the statement of learned Special
Government Pleader, a notification already exists facilitating the
minority institution to provide an option to the students to write the
papers in their mother tongue and the said notification is
___________
https://www.mhc.tn.gov.in/judis
W.P.No.334 of 2022
operational till March 2022.
7. Taking into consideration the facts and circumstances of
the case, we do not find it appropriate to issue the same direction as
was given by this Court in the earlier writ petition filed by the
petitioner for the same relief.
8. The writ petition is, accordingly, dismissed. However, the
petitioner would be at liberty to take steps to seek compliance of the
earlier order of the Division Bench, as per law. The dismissal of this
writ petition would not come in the way of the petitioner for the
aforesaid purpose. There will be no order as to costs.
(M.N.B., ACJ.) (P.D.A., J.)
11.01.2022
Index : Yes/No
kpl
___________
https://www.mhc.tn.gov.in/judis
W.P.No.334 of 2022
To:
1. The Principal Secretary to Government
School Education Department
Secretariat, Chennai 600 009.
2. The Director of School Education
DPI Campus, College Road
Chennai 600 006.
3. The Director of Government Examinations
DPI Campus, College Road
Chennai 600 006.
___________
https://www.mhc.tn.gov.in/judis
W.P.No.334 of 2022
M.N.BHANDARI, ACJ
AND
P.D.AUDIKESAVALU,J.
(kpl)
W.P.No.334 of 2022
11.01.2022
___________
https://www.mhc.tn.gov.in/judis
