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Circular on students’ intake in matric schools set aside
The Madras High Court has set aside a circular issued by the Directorate of Matriculation Schools prescribing the number of students that can be admitted to LKG and in Class 6 to Class 8 in private schools.
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Chennai
Justice N Kirubakaran, who allowed the petition filed by the Punjab Association seeking to quash the proceedings of the Directorate of Matriculation Schools and consequent circular dated October 31, 2013, said, “The Director of Matriculation Schools is directed to issue a separate circular in consonance with the Right to Education (RTE) Act within eight weeks from the date of receipt of the order.
The impugned circular issued is hereby set aside.” The association, which runs several schools in Chennai, on referring to the RTE Act, wherein there remains no rules fixing the maximum number of students to be admitted per class for every standard, said contrary to the essence of RTE Act, the circular had directed that an LKG section should not have more than 30 students and the number of sections should not exceed five.
In the case of the sixth to eighth standards, the circular had held that not more than 35 students shall be admitted per section and that the same should be implemented within two years from the date of the circular.
Stating that the Directorate of Matriculation Schools had also issued a warning that failing to comply with the above order would result in the schools facing consequences, the petitioner submitted that prescribing such a limit is contrary to the RTE Act and rules.
Observing that the RTE Act was brought within an intention to provide free and compulsory education to all children of the age of 6 to 14, the petitioner also noted that the action of the authorities amounts to amending the RTI Act through an executive order, which is unsustainable in law.
Interim stay on free sarees, dhotis tender
The tender process for the supply of free sarees and dhoties for the ensuing Pongal festival in 2018 suffered a setback with the Madras High Court on Thursday restraining the state government from finalising the tender until July 13.
Justice M Duraiswamy passed the interim order on a plea moved by Sri Venkatram Spinners Private Limited in Rajapalayam, which challenged ‘clause 5’ in the tender mandating ‘zero liquid discharge certificate’ from the pollution control board as a prerequisite to participate in the tender. Admitting the plea, the judge said, “The respondent is directed not to confirm the tender in favour of the successful bidder till July 13 and not reject the bid submitted by the petitioner.”
The petitioner submitted that on June 22, the state government issued a tender notification for supply of 60sc dyed cotton wrap yarn for production of sarees and dhoties meant to be distributed for free under Pongal scheme-2018. But, though the tender is an All India one, clause 5 of the document mandates that the participant company should obtain a zero-liquid discharge certificate from the pollution control board concerned. “As Tamil Nadu is the only state enforcing zero liquid discharge condition for dying units, it is impossible for participants from other parts of the country to obtain such a certificate,” the petitioner said.
According to the petitioner, in other states particularly in Maharashtra, dyeing units can discharge the effluents into the sea at a prescribed depth. “When the fact being so, clause 5 in the tender document is structured in such a manner to exclude bidders from other states by imposing on zero liquid discharge certificate,” the petitioner said. Claiming that the action of the authorities is highly arbitrary and in gross violation of Articles 14, 19 and 21 of the Constitution, the petitioner as an interim measure wanted the court to stay the tender process and consequently direct the authorities to consider the bids from other states.
Cases releated to civic polls put off to July 14
There is no clear sign yet on when the local body elections would be held in the state. The Madras High Court on Thursday adjourned all the petitions and appeals filed in connection with the local body polls to July 14.
When the plea filed by A Narayanan of Change India, challenging the Constitutional validity of extending the tenure of special officers to manage the local bodies, came up before the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, the Advocate General Muthukumaraswamy submitted that a special leave petition moved by the DMK seeking to hold the local body elections is set to be heard on July 12 and hence sought for hearing the pleas thereafter. However, senior advocate P Wilson appearing on behalf of the DMK submitted that there was no bar on the High Court in hearing the cases pending before it. Senior Counsel B Kumar appearing on behalf of the State Election Commission submitted that as per the single judge’s order, amendments must be brought by the state to prevent candidates with criminal background from contesting the polls and provide reservations for SC and STs. Without all these amendments, if the local body elections are announced another bout of litigations is bound to follow, Kumar added. The bench, while adjourning the case, also allowed another impleading petition filed by advocate M Palanimuthu seeking reservation for SC/ST and women in local body standing committees.
Woman allowed to take back belongings from in-law’s house
The Madras High Court has come to the rescue of a Muslim women from recovering her belongings after she made a great escape from her in-law’s house following threats to her life. Justice R Mahadevan, in a recent order directed the Avadi All Women Police Station to help her recover the belongings by accompanying her and report the same to the court. The petitioner, a BE graduate, fled her matrimonial house in Pookkollai in Tiruchy to Pattabiram near Chennai with the clothes on her person alone to save her life on May 12 last. She lodged a complaint with the All Women Police Station in Avadi, to help her reach her matrimonial home and retrieve her belongings, including jewellery. As there was no response, she moved the high court.
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