SENGUNTHAR MIDDLE SCHOOL REP BY ITS CORRESPONDENT A PALANISAMY Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT

JUDGEMENT

(1.) THE petitioner is the management of a middle school at Sankarankoil. In this writ petition, they have chosen to challenge an order dated 17.06.2009 passed by the second respondent Director of Elementary Education, Chennai. By the impugned order, the petitioner school management was informed that their request for the release of grant towards upgraded middle school section cannot be considered in the light of the State Government's decision not to give any grant for any new school or any new section opened in the existing school. THE said policy decision has been incorporated in terms of Section 14-A of the Tamil Nadu Recognized Private Schools (Regulations) Act, 1973. THE petitioner challenged the same in the present writ petition.

(2.) THE writ petition was admitted on 25.6.2010. Pending the writ petition, a counter affidavit has been filed by the fourth respondent, dated 8.7.2010. THE counsel for the petitioner apart from making oral submissions has also filed a written argument.

(3.) IN this context, the counsel for the petitioner placed reliance upon a judgment of this court in C.Manonmony Vs. State of Tamil Nadu and others reported in (2006) 3 MLJ 242 for contending that even if the management has given an undertaking not to claim for any aid subsequent to the upgradation, that undertaking is not binding. IN paragraph 14, it was observed as follows: