ANNAMALAI CHETTIARFOUNDER Vs. P. GIRIDHARAN
LAWS(MAD)-2014-10-153
HIGH COURT OF MADRAS
Decided on October 17,2014

Annamalai Chettiarfounder Appellant
VERSUS
P. Giridharan Respondents

JUDGEMENT

M. Sathyanarayanan, J. - (1.)IN Review Application No. 174 of 2014, the eighth respondent in W.P.No. 34709 of 2013 is the applicant. In Review Application No. 175 of 2014, the eighth respondent in W.P.No. 4040 of 2014 is the applicant and in Review Application No. 177 of 2014, the seventh respondent in W.P.No. 34709 of 2013 is the applicant. In Review Application No. 178 of 2014, the seventh respondent in W.P.No. 4040 of 2014 is the applicant and all the applicants have filed these review applications to review the common order dated 3.6.2014, made in W.P.Nos. 34709 of 2013 and 4040 of 2014, filed by the respective private respondents.
(2.)W .P.No. 34709 of 2013 was filed praying for issuance of a writ of mandamus directing the respondents 1 to 5 viz. the official respondents, to accommodate the children now currently studying in 'A' School, in some other recognised Central Board Secondary Education (CBSE) institution as per Section 5 of the Right To Education Act, 2009 (in short RTE Act) and further directing the respondents 7 and 8 viz. the management of Chettinad Foundation A -School, represented by its Governor/Administrator and Thiru Annamalai Chettiar, Founder of A -School Chettinad Foundation respectively, to pay compensation of Rs. 2 lakhs for the harassment meted out to the parents and children and to refund the fees paid by the parents of children studying in 'A' School.
W.P.No. 4040 of 2014 was filed praying for issuance of a writ of mandamus directing the above said private respondents to issue valid Transfer Certificate to the wards of the petitioners and pay adequate compensation to the petitioners.

(3.)THIS Court, after hearing the submissions of the respective learned Counsel appearing for the writ petitioners, the learned Additional Advocate General appearing for the official respondents, Mr.G.Nagarajan, learned Counsel appearing for the fifth respondent and Ms. A.L. Gandhimathi, learned Counsel appearing for the seventh respondent, and Mr.Sathish Parasaran, learned Counsel appearing for the eighth respondent, has disposed of the writ petitions and it is relevant to extract the operative portion of the order as under: -
12. In the result, both the writ petitions are disposed of by directing the official respondents to accommodate the children, who have studied in "A -Schools " run by the seventh respondent, in other recognised CBSE institutions preferably nearby to the area, in which, they are residing, in terms of Sections 4 and 5 of the Right of Children to Free and Compulsory Education Act, 2009, and the respondents 7 and 8 are directed to issue Transfer Certificates forthwith to all the children studied in the above said schools. The respondents 7 and 8 are further directed to pay jointly and severally Rs. 15,000/ - (Rupees fifteen thousand only) to the parents of the wards/students admitted in A -Schools by way of interim compensation, within a period of four weeks from the date of receipt of copy of this order and without prejudice to their rights and contentions and the parents of the wards/children are also at liberty to approach the competent forum for getting refund of the fees as well as for claiming further compensation. No costs. Consequently, connected MPs are closed.



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