TAMILAGA ASIRIYAR KOOTTANI Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) HEARD Mr. R. Saseetharan, the learned Counsel appearing for the Petitioner and Mr. A.L. Somayaji, the learned Additional Advocate General appearing for the respondents.

(2.) THE Petitioner is the General Secretary of Tamilnadu Asiriyar Kootani. In the Writ Petition, he prays for a Writ of Declaration, declaring the Rule 22 of the Tamilnadu Government Servant Conduct Rules, 1973 as ultravires of the Constitution of India and null and void in so far as it prohibits the demonstrative fast and consequently the endorsement issued in No. 1307/S.B. 11/2004-1 dated 9.9.2004 by the third respondent and issue a direction to the respondents to permit the petitioner association and the members of the JACTTEO to conduct a demonstrative fast on any of the Government holiday in a space available opposite to the State Guest House, Chepauk, Chennai - 5 from 9.00 a.m to 5 p.m.

(3.) THE Learned Additional Advocate General vehemently contended that the validity of the Rule should be viewed with reference to the applicability of the same to teachers, who are expected to inculcate discipline on the students. If the teachers are allowed to go on hunger strike, that would give wrong signal to the students for indiscipline.