HC curtails PTA's directions

Updated on: Friday, September 24, 2010

The Madurai Bench of the Madras High court has said Parent-Teachers Association could not seek a direction to government to take over management of a school based on recommendations of the Chief Education officer.

Government must be informed by the Director of School Education for any action (like suspending or closing) against a school. Besides the government should issue show cause notice to the management, Justice K.Chandru said.

The judge was dismissing a writ petition filed by P.Nagarajan,President, PTA of Sri Krishna Iyer Higher Secondary School,Chinnamanoor in Theni district.

Besides such statutory functions entrusted to the State government had to be discharged in a responsible manner and petitioner could not approach this court with a writ of Mandamus to direct the state government to act upon a report
of the CEO.

"Court is not a competent authority," the judges said.

Besides the communication is an internal one between the CEO and the Director of School education,and PTA could not invoke writ jurisdiciton to achieve some thing which was not contemplated in the Act, the court said.

The petitioner submitted that that the CEO found that there was a dispute with reference to the management of the school, which could not be resolved in the near future and in the interest of the students, and had recommended temporary closure of the school and make alternative arrangements for students. The government should act on the recommendation, the petitioner said.

HC curtails PTA's directions

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