[Judgment of the Court was delivered by The Hon'ble Chief Justice] This Writ Appeal is against the order dated 18.04.2017 passed by the learned Single Bench, dismissing the Writ Petition filed by the appellant seeking a Writ of Mandamus, directing the respondent Nos.1 to 4 not to permit the respondent No.5 from admitting children of the appellant school.
2. From the materials on record, it is patently clear that the appellant runs a rival school. The school children and/or their parents have absolute discretion to decide at which school they should study. The allegation of use of force is a factual issue and obviously, a disputed factual issue, which cannot be adjudicated in proceedings under
Article 226 of the Constitution of India. Prima facie, it appears to us that the Writ Petition has been prompted by the ulterior intent of preventing students from seeking admission in a rival school set up in the locality. The learned Single Judge has very rightly dismissed the Writ Petition with the observation that a Writ Petition to promote personal agenda ought not to be entertained by this Court. The Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, S.N.High Road, Tirunelveli District.
3.The Assistant Elementary Educational Officer, Office of the Assistant Elementary Educational Officer, Manur, Rastha, Tirunelveli District.
4.The Assistant Elementary Educational Officer, Office of the Assistant Elementary Educational Officer, Tirunelveli Urban, S.N.High Road, Tirunelveli District..