Judges opt out of hearing case against school

Updated on: Wednesday, August 10, 2011

A Division Bench of the Madras High Court Bench here on Monday recused from hearing a public interest litigation petition filed against Lakshmi School at Veerapanchan near here after one of the judges expressed reservations over hearing the case.

The Division Bench of Justices P. Jyothimani and M.M. Sundresh directed the High Court Registry to post the matter before another Division Bench, comprising Justices P.P.S. Janarthana Raja and Aruna Jagadeesan, on Friday after the junior judge said that he did not want to hear the matter.

However, the judges extended until Friday an interim injunction granted by them last week restraining the school from reducing the school timings to just four hours, between 8.30 am and 12.30 pm, for students who did not pay certain amount to Arogya Welfare Trust.

R. Sowmya, mother of an eighth standard girl student of the school, had filed the PIL alleging that the school was collecting excess fee, than that determined by a government appointed committee, indirectly by way of donations to the private charitable trust.

Filing a counter affidavit on behalf of the school, S. Venkatanarayan, secretary, Lakshmi Vidya Sangham, a society which runs the school, denied all allegations levelled by the petitioner against the school and accused her of indulging in forum shopping (filing cases before select judges).

The school also said that the petitioner had abused the concept of public interest litigation by espousing her private cause. According to it, the donations made in favour of the trust were voluntary and there was no insistence or threat from the school management.

“The allegation that the reduction in the number of working hours of the school would result in an incomplete academic year is ex-facie false… The school is confident of completing the number of hours of instruction as per ICSE (Indian School Certificate Examination) affiliation Rules even with the revised school timings.

“There will be some additional courses available with respect to sports, computers, internet-based learning services and so on that are going to be provided by Arogya Welfare Trust on an optional basis for those wards who are willing to take such courses and question of any optional courses being denied does not arise,” the school said.

It also claimed that the school timing had been changed only in accordance with the norms and guidelines of the Council for ICSE.

Judges opt out of hearing case against school

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