CHARLES ROBSON Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition for certiorarified Mandamus arises under the following circumstances. The petitioner is the Manager and Correspondent of Dr. Samuel high School, Santhapuram, Kanyakumari Dist. He belongs to C. S. I. Christian community and he is an Indian Citizen. He is running a school which was established in 1935. It began with a preparatory class by the said Dr. Samuel, who is none other than the father of the petitioner. The school became an english medium School during the year 1938-39, with preparatory class to form iii. Both boys and girls were admitted in the school and such school was recognised by the Travancore Government It was upgraded to a High School in the year 1961-62 with the Standard IX and it became a completed High School during 1963-64, and the temporary recognition has been granted to the school under the Madras Education Rules. Both boys and girls have been admitted in the school.

(2.) THE admission of students in the various schools in the State of Tamil Nadu was being regulated by the Madras Education Rules. The Government of Tamil nadu regulated the admission of girl students by issuing G. O. Ms. 1664 education department dated 19-10-1972, which runs as follows-

(3.) THERE is a girls school by name L. M. S. Girls High School, Santhapuram which is situate within 400 yards from the petitioner's school, namely, Dr. Samuel High School, Santhapuram, Kanyakumari Dist. The girls school was a tamil Medium School from 1926. In 1963 the school was upgraded into a girls high School. The school is being managed by the C. S. I. Corporate Body, under the Kanyakumari District C. S. I. diocese. In the locality, therefore, there are two schools. Inasmuch as by reason of the girl students being admitted into a boys' school like that of the petitioner, the petitioner was called upon to obey the terms of the G. O. Ms. 1664 Education department dated 19-10-1972, extracted above and by proceedings dated 18-6-1975, the Director of School education, Madras issued instructions to the District Educational Officer, thuckalai, that staff grant for Dr. Samuel High School, for the month of June 1973 need not be released, since the management has violated the rules regarding the admission of girls in boys schools dining 1975-76 also. Therefore the petitioner has come up to this court seeking for certiorarified mandamus to quash the G. O. extracted above, and direct the respondents to forbear from interfering with the right of the petitioner in admitting girls in its school.