IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
W.P.No. of 2023
I. Bharath,
S/o. Iyappan,
Near Vittal Doss Street,
Tiruppur,
Tiruppur District. …Petitioner
Vs
- The State of Tamil Nadu,
Rep by its Secretary to Government,
Higher Education Department,
Secretariat,
Fort St George,
Chennai – 600 009. - The State of Tamil Nadu,
Rep by its Secretary to Government,
Information and Public Relations Department,
Secretariat,
Fort St George,
Chennai – 600 009. - The District Collector,
Vellore,
Vellore District. - The District Collector,
Tirunelveli,
Tirunelveli District. - The District Collector,
Tiruchirappalli,
Tiruchirappalli District. - The District Collector,
Tanjore,
Tanjore District. - The Principal,
ST.JOHN’S VESTRY CBSE SCHOOL,
Major Saravanan Rd, Cantonment,
Tiruchirappalli- 620001. - The Principal,
The Katpadi St Joseph’s Home Society,
No.102/B, Katpadi,
Vellore District. …Respondents
AFFIDAVIT FILED BY THE PETITIONER
I, I. Bharath, S/o. Iyappan, Hindu, aged about 24 years, residing at Near Vittal Doss Street, Tiruppur, Tiruppur District, do hereby solemnly affirm and sincerely state as follows.:-
- I am the Petitioner herein and as such I am well acquainted with the facts of the case and filed this present Writ Petition in Public Interest. I state that I am filing this Present Public Interest Litigation for the welfare of the Students of the Educational institutions and safety of the Children studying in Educational institutions.
- I state that I am residing in the aforementioned address and permanent resident of the said address. I am filing this present Writ Petition representing the interest of the Students in our State. I submit that my PAN number is EEJPB4390K and Aadhar Number is 6573 3065 0821. The costs of filing the present Petition, which includes professional and expenses are borne out of my personal funds. I undertake to pay the costs as may be imposed by this Hon’ble Court in the event of finding that the present Petition is bereft of any merit and the same is vexatious or frivolous. I state that this is the only public interest litigation pertaining to the present subject matter and relief filed by me and no other petition of similar nature is pending elsewhere at my instance either before this Hon’ble Court or before its Hon’ble Bench in Madurai. I state that my profession is ………………………………
- I state that I am filing the present writ petition in public interest, seeking writ of mandamus forbearing the official respondents 1 to 6 herein to grant permission for conducting Commercial Exhibitions in the campus of Educational institutions as per 2nd Respondent Letter No.12376/Exhibition/2017 dated 21,12,2017 and as well as based on the Petitioner’s representation dated 22.04.2024.
- I state that I am a law abiding citizen and doing social welfare activities in my vicinity. While things remain so, I went to exhibition with my family in Trichy, wherein exhibition conducted in 7th Respondent School. During the said course of time, the students of the said school played football in balance portion of the ground and rest used for the exhibition. Further, one of the student sustained injury in view of some waste things thrown in Ground by the Exhibition Administration. I state that in view of the functioning of the Exhibition, the life of the students and as well as their livelihood and studies are getting affected. I state that in order to stop the said practice of giving permission for conducting exhibition in Educational institution already Writ Petition is filed before this Hon’ble Court in W.P.No. 31129 of 2017, wherein directions has been rendered to the Respondents 1 & 2 herein order dated 30.11.2017. Based on the said direction and order, the 2nd Respondent issued a direction vide letter dated 21.12.2017 to all the District Collectors in our state not to conduct any kind of Government Meetings, functions and exhibitions in Educational institutions. Further, it is directed that the school and colleges ought to conduct education based activities and events and not all other events, which is not connected to education.
- I state that the Respondents 1 & 2 not have proper supervision over the District Collectors regarding conduct of the Exhibition in their District, wherein the Respondent 3 & 5 without giving heed to the said Official communication of the 2nd Respondent and as well as the Order of this Hon’ble Court made in W.P.No. 31129 of 2017, often giving permission to the functioning of Exhibition. I state that recently also Exhibition is going to be conducted in the vicinity of the Respondents 7 & 8. I state that in view of the said act of conducting exhibitions in educational institutions standing as threat to the life of the students and as well as it distracts their peaceful education too.
- I state that in view of the said reason, there is imminent danger to the life of students in educational institution and serious issue too, which is a sheer violation of the Fundamental Rights of the Constitution of India i.e., Right to life enshrined under Article 21 of Constitution of India and as well as Right to Education also got deprived.
- I state that highlighting the aforementioned reasons, I have addressed a representation dated 22.04.2024 to the Respondent 1 to 6 herein. Despite receiving the objection, no proper action has been taken by the official Respondents 1 to 6. Hence, the present Writ petition.
GROUNDS
a. The act of the official Respondents in not taking action towards the Petitioner’s representation is nothing but a dereliction of duty and affects the Fundamental right of the students of the Educational institution.
b. The Respondents 1 to 6 ought to oblige the Order of this Hon’ble Court made in W.P.No. 31129 of 2017 and the same is not followed properly.
c. The Respondents 1 & 2 are not following properly and having no proper supervision over the District Collectors regarding the restriction of conducting Exhibition in educational institutions, which is nothing ut sheer dereliction of duty.
d. The Respondents 1 to 6 ought to have seen that educational institutions such as School Colleges ought to have been used only for the purpose of educational based events and not for the other things and the same is properly instructed in the official communication of the 2nd Respondent.
e. The inaction of the Respondents 1to 6 in not considering the Petitioner’s representation is also deprives the fundamental right of the every students of the educational institutions and also violates the order of this Hon’ble Court.
It is therefore prayed that this Hon’ble Court may be pleased to issue an Order or Direction or writ in the nature of WRIT OF MANDAMUS, forbearing the official respondents 1 to 6 herein to grant permission for conducting Commercial Exhibitions in the campus of Educational institutions as per 2nd Respondent Letter No.12376/Exhibition/2017 dated 21,12,2017 and as well as based on the Petitioner’s representation dated 22.04.2024and pass such further or other orders as this Hon’ble Court may deem fit in the facts and circumstances of case and thus render justice.Solemnly affirm at Chennai ] BEFORE ME
dated 24th day of April 2024 ]
and signed his name ]
in my presence ]
ADVOCATE : CHENNAI