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By Its General Secretary vs The State Of Tamil Nadu

Madras High Court|28 July, 2009

JUDGMENT / ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
2. At this stage of the hearing of the writ petition, the learned Government Advocate appearing on behalf of the respondents had placed before this Court an order, dated 13.7.2009, passed by a Division Bench of this Court, in W.P.No.12852 of 2009, upholding the validity of the Government Orders impugned in the present writ petition. The order of the Division Bench, dated 13.7.2009, is as follows:
"Heard Mr.K.M.Vijayan, learned Senior Counsel in support of this petition. Mr.G.Sankaran, learned Special Government Pleader (Education) appears for respondents 1 to 3.
2. The petition seeks to challenge the Government Orders bearing G.O.Ms.Nos.8 and 9, School Education (VE) Department, dated 6th January, 2009, concerning Vocational Education. Under these two Government Orders, the Government has decided to revamp the Vocational Education and it is decided that where the students' strength in a particular course is less than 15, that course is to be wound up. It is further stated that new courses would be opened only with the permission of the Government.
3. The petition is filed by a retired Professor of Commerce. Mr.Vijayan, learned Senior Counsel submits that by virtue of these two Government Orders, more than 500 schools will be affected and, therefore, both these Government Orders are to be interfered with.
4. We quite appreciate the anxiety expressed by Mr.Vijayan in support of the students, who are taking these courses. The answer of Mr.G.Sankaran, learned Special Government Pleader is that in a case where a particular course is not available in a school, the student may go to the school where that course is available. Alternatively, he may opt for the course which is available in his school. The economic factors are also to be considered and where the number of students is less than 15, one cannot insist that vocational courses of all types should be continued in every such school.
5. We do not see any reason to interfere with the Government Orders issued by the State. The writ petition stands dismissed. Consequently, the connected Miscellaneous Petitions are also dismissed. However, there will be no orders as to costs."
4. The learned counsel appearing on behalf of the petitioner has not refuted the submissions made by the learned counsel appearing on behalf of the respondents.
5. In view of the order of the Division Bench of this Court, dated 13.7.2009, made in W.P.No.12852 of 2009, this writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
csh To
1. The Principal Secretary to Government, School Education (VE) The State of Tamil Nadu Department, Fort St. George, Chennai-9.
2. The Director of School Education, College Road, Chennai-6.
3.The Joint Director of School Education (VE) College Road, Chennai 6
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Title

By Its General Secretary vs The State Of Tamil Nadu

Court

Madras High Court

JudgmentDate
28 July, 2009