The Association of Special v. The Union of India,Rep. by Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023 CORAM: THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)Nos.8907 of 2008 and 9826 of 2009 and connected miscellaneous petitions W.P(MD)No.8907 of 2008:-The Association of Special Teachers for the Disabled (Regd.) Rep. by its President, Ponnuthai Illam, Library Street, Ellapatty, Markayankottai Post, Uthamapalayam Taluk, Theni District. ... Petitioner -vs-

¶1The Union of India, Rep. by its Secretary, Ministry of Human Resources and Development, Department of Secondary and Higher Education, Sasthri Bhawan, New Delhi.

¶2The State of Tamilnadu, Rep. by its Secretary, Department of School Education, College Road, Chennai.

¶3The District Collector, Theni District, Theni.

¶4The Director of School Education, Directorate of School Education, College Road, Chennai.

¶5The Chief Educational Officer, Theni District, Theni.

¶6The Secretary, Integrated Education Implementation Committee, 37, Teachers Colony, Muthupatty, Alagappan Nagar, Madurai.

¶7The Commissioner of Rehabilitation for the Disabled, 15/1, Model School Road, Thousand Light, Chennai-6.

¶8Keelottivakkam Grama Sangam, Kancheepuram.

¶9Cheran Region Christian Society for the Disabled, Coimbatore.

¶10Sri Avinashalingam Education Trust Institutions, Coimbatore.

¶11Vinmathee Educational & Rural Development Society, Trichy.

¶12SOC SEAD, Trichy.

¶13Shri Shanmugananda Ashramam, Kumbhakkonam.

¶14Tamilnadu Association for the Blind, Tondiarpet, Chennai.

¶15National Association for the Blind, Madhavaram, Chennai.

¶16Pallava Council for Integrated Education, Vellore.

¶17Integrated Education Promotion Council, Cuddalore.

¶18Integrated Education Programme for Disabled, Palayamkottai.

¶19St.Johns Sangam Trust, Perambalur. ... Respondents (R8 to R19 are suo motu impleaded as party respondents as per the order of this Court dated 19.09.2011) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd respondent from implementing the Integrated Education Implementation Committee Scheme 1992 through Non-Governmental Organisations including the 6th respondent herein and consequently direct the 2nd respondent to implement the said scheme by itself by nominating the education department as implementing agency. For Petitioner : Mr.R.Govindaraj For R1 : Mr.C.Nandha Gopal For R2 to R5 : Mr.P.Thilakkumar, Government Pleader For R6 : Mr.P.Ganapathy Subramanian W.P(MD)No.9826 of 2009:- The Association of Special Teachers for the Disabled (Regd.) Rep. by its President, Ponnuthai Illam, Library Street, Ellapatty, Markayankottai Post, Uthamapalayam Taluk, Theni District. ... Petitioner vs.

¶1The Union of India, Rep by its Secretary, Ministry of Human Resources and Development, Department of Secondary and Higher Education, Sasthri Bhawan, New Delhi.

¶2The State of Tamilnadu, Rep. by its Secretary, Department of School Education, College Road, Chennai.

¶3The Director of School Education, Directorate of School Education, College Road, Chennai.

¶4The Commissioner of Rehabilitation for the Disabled, 15/1, Model School Road, Thousand Light, Chennai-6. ... Respondents (R4 suo motu impleaded as per the order dated 24.02.2010 in W.P(MD)Nos.9826 of 2009 & 8907 of 2008) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd respondent from implementing the IEDSS Scheme through any non Governmental

Organization

the

Integrated

Education Implementation Committee Scheme 1992 through Non-Governmental Organisations including the 6th respondent herein and consequently direct the 2nd respondent to implement the said scheme by itself by nominating the education department as implementing agency. For Petitioner : Mr.R.Govindaraj For R1 : Mr.M.Gopala Krishnan For R2 & R3 : Mr.P.Thilakkumar, Government Pleader For R4 : No appearance C O M M O N O R D E R [Order of the Court was made by S.S.SUNDAR, J.] Having regard to the nature of the prayer in these two writ petitions, this Court finds that the writ petitions in public interest is not maintainable as the matter relates to service. Secondly, the contesting respondent in these two appeals states that teachers are receiving salary directly from the Government by virtue of direct payment orders.

¶2In view of the same, the Writ Petitions are dismissed. No costs. Connected miscellaneous petitions are closed. [S.S.S.R, J.] [D.B.C., J.]

18.07.2023 Index : Yes / No

bala To

¶1The Secretary, Union of India, Ministry of Human Resources and Development, Department of Secondary and Higher Education, Sasthri Bhawan, New Delhi.

¶2The Secretary, State of Tamilnadu, Department of School Education, College Road, Chennai.

¶3The District Collector, Theni District, Theni.

¶4The Director of School Education, Directorate of School Education, College Road, Chennai.

¶5The Chief Educational Officer, Theni District, Theni.

¶6The Secretary, Integrated Education Implementation Committee, 37, Teachers Colony, Muthupatty, Alagappan Nagar, Madurai.

¶7The Commissioner of Rehabilitation for the Disabled, 15/1, Model School Road, Thousand Light, Chennai-6.

S.S.SUNDAR , J. and

D.BHARATHA CHAKRAVARTHY , J. bala g W.P(MD)Nos.8907 of 2008 and 9826 of 2009

18.07.2023