GENERAL MANAGER SOUTHERN RAILWAY Vs. A. ELUMALAI

JUDGEMENT

(1.) This appeal has been preferred against the order of the learned Single Judge, who upon hearing the parties, granted relief directing the appellants not to close the school till the wards of the respondents and the other students complete their studies up to X standard in the Railway Mixed High School, Villupuram. Incidentally, a further direction has been issued not to deny admission to any student.

(2.) Learned Senior Counsel appearing for the appellants submitted that the school was started nearly a century ago at the point of time, where there was no other educational institution available to the wards of the railway employees at Villupuram. At present, there are five other schools available within 500 meters of the existing school which is inclusive of three Government Schools.

(3.) Learned Senior Counsel further submitted that the norms as fixed under the Right of Children to Free and Compulsory Education Act, 2009 could not be reached for want of adequate students. However, the staff and faculty will have to be paid leading to huge expenditure in running the school notwithstanding inadequate students. The Head Master of the school alone is being paid Rs.1,20,000/- per month. Therefore, there is huge revenue loss in running the school. The decision to close the school is a policy decision and the respondents would not have any vested right. There are only few wards of the railway employees at present studying in the school. Of the two writ petitioners/respondents, ward of the first respondent has already completed the school and the second respondent is not an employee. The writ petition has been filed on an extraneous reasons. There is neither any public interest nor any personal interest involved.