B. Abinash rep. by Natural Guardian and mother B. Latha Baskar vs The State of Tamilnadu and The School Games Federation of India

K. Chandru, J.—These batch of Writ Petitions came to be listed before this Court after being grouped together and after orders being

passed by the Hon''ble Chief Justice vide order dated3.2.2011. In all these Writ Petitions, the contentions raised were identical, namely the

Petitioners, who are either minor students represented by their natural guardians or the students themselves. They have filed the Writ Petitions

challenging the order of the State Government made in G.O.(1D) No. 121, School Education (V2)Department dated 9.4.2010. Pending these

Writ Petitions, the Petitioners have sought for either interim direction or interim injunction so as to participate in the selection for the various sports

events held by the School Education Department fixed on various dates. Pending the Writ Petitions, this Court granted either interim directions or

interim injunctions as the case may be.

It is not the complaint of the Petitioners that the interim orders were not given effect to. On the other hand it is surprising to note as to how the

Petitioners could challenge the impugned Government Order, which came to be issued after orders passed by this Court in various Writ Petitions

starting from W.P. No. 15954 of 2008 and batch cases in Tamil Nadu Physical Education Teachers Directors Association v. Central Board of

Secondary Education dated 5.11.2009. This Court considering the grievances projected by the various Petitioners therein in paragraph Nos. 24

and 26 gave a direction which is as follows:

Even in the present case, it is essential for the Tamil Nadu State Government to make such an attempt to have broad based consultation with

all the stakeholder. If necessary, they must form committee to consider the controversies raised in these Writ Petitions and arrive at a proper

solution, which will be crystalised in the form of a policy of the State Government in consonance with the constitutional mandate, considering the

future interest of school going children in Tamil Nadu. Till such time such policy is spelt out and adopted, no CBSE students shall be prevented in

participating in various sports events conducted under the Tamil Nadir School Education Department.

This Court, in the light of the above, is not suggesting the composition of committee for making such consultation. It is entirely for the State

Government to frame guidelines by forming an appropriate committee. Suffice to state that the committee should also take into account the

representations of various stakeholders on this issue.

The Petitioners must thank that the Respondent State Government did not question the direction issued by this Court. On the contrary, in order

to evolve a policy by the State on these aspects projected herein issued in the impugned G.O. The same G.O. referred to the judgment of this

Court dated 5.11.2009.

Pursuant to the direction issued by this Court, the Director of School Education in his letter dated 25.2.2010opined a Committee of Expert can

be constituted and after obtaining their opinion, an appropriate policy decision can be taken and the committee must comprise of the Director of

School Education and representative of all other Departments including the eminent sports person in the National and International sports and after

taking a decision by the Committee, the State Government can taken appropriate policy decision for the academic year 20102011. The state

Government accepted the recommendations made by the Director of School Education and had appointed a Committee. The Committee as

directed by the state Government was to have the Director of School Education as its Chairman and the Joint Director of School Education(NSS)

as its Secretary. The Committee comprised one representative each from the Tamil Nadu Sports Development Authority and the Tamil Nadu

Physical Education and Sports University as well as two representatives of Chief Physical Education Inspectors (both genders), two Regional

Physical Education Inspectors, four Headmasters/Principals of Matriculation Schools, four Physical Education Director/Teachers and four eminent

sports persons who have participated in the National and International sports events.

It is on the basis of a sports policy recommended by that Committee, the State Government had agreed to implement the same. Even before the

Committee could decide, the Petitioners have rushed to this Court probably only with a view to get interim orders so as to enable them to

participate in the ensuing competition. Though those Respondents have been served with notices, they have not filed any counter affidavit.

However, this Court do not find any merit in these writ petitions. They have been filed only with a view to get interim orders, since the impugned

order does not in any way affect the rights of the Petitioners. On the contrary, in order to give effect to the orders passed by this Court on

5.11.2009, that order came to be passed. This Court is not inclined to entertain the Writ Petitions. Accordingly, all the Writ Petitions stand

dismissed.

But, however, it must be noted that the State Government had appointed a Committee for recommending to the Government to evolve a policy

for the year 2010-2011and that year almost will come to an end in another two months. It is regrettable that there was no report from the said

Committee. Therefore, in the interest of justice and for the future interest of the students studying in the CBSE Schools, this Court hereby directs

the Committee, appointed pursuant to G.O. Ms. No. 121 School Education Department dated 9.4.2010, to meet as expeditiously as possible and

evolve its recommendation on or before31.3.2011. The State Government is in turn directed to take appropriate decision on the basis of the said

recommendation in accordance with law on or before31.5.2011 so that the State Government''s policy will be made available to the students who

are undergoing School in the CBSE pattern.

Since the Writ Petitions are dismissed with the above directions and since the Petitioners have obtained the interim relief and have also

participated in those events, dismissal of the Writ Petitions will not deny them the benefit that might have accrued to them in participating in the

events for which they have got interim orders. However, if any results were withheld due to the pendency of the Writ Petitions, a direction will

issue to the Respondents to publish those results. No costs. The connected Miscellaneous Petitions are closed.