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Plea against YMCA sports school status dismissed

The petitioner is aware of the dismissal of the said petition.

Chennai: The Madras high court has dismissed with cost of Rs 25,000 a petition filed by Tamil Nadu Private School Teachers Sangam, which questioned the minority status given to the YMCA Sports Higher Secondary School at Nandanam.

Justice Pushpa Sathyanarayana dismissed the petition filed by Tamil Nadu Private School Teachers Sangam represented by its general secretary K.Palani, Thiruvallur district. The judge said the very same petitioner had filed a petition seeking to quash the order of the School Education secretary rejecting its prayer to cancel the minority status granted to the YMCA college of Physical Education.

“This court, while dismissing the said petition on September 11, 2018 held that the petitioner has no locus standi to question the minority status of the said college. Though it was claimed by the petitioner that writ appeal was filed against the said order, no interim order was granted in its favour. It is not known as to why the petitioner claims to be the association working for the welfare of the private school teachers and staff had questioned the minority status of the Physical Education College. The said petition was not a Public Interest Litigation. Hence, it was rightly dismissed by this court questioning the locus standi. The petitioner is aware of the dismissal of the said petition. Even thereafter, the present petition is filed questioning the minority status given to the YMCA Sports Higher Secondary School,” the judge said.

On the impugned order passed by the School Education secretary, the judge said “It needs no interference from this court for the simple reason that the said order is passed relying upon the status quo order passed by this court, which stood transferred and pending on the file of the city civil court and also the order of this court. The contention of the petitioner that the status quo order has been granted without considering the judgment of Apex court is not only warranted, but also scandalous”, the judge added.

The judge said having failed in its attempt to get the minority status given to the YMCA College of Physical Education cancelled by this court, the petitioner filed this petition, which was nothing but abuse of process of court. It was to be noted that the petitioner has not even chosen to file the said order passed by this court, but only produced the said order subsequently. “This court is constrained to dismiss the petition, but also forced to impose cost on the petitioner to the tune of `25,000 for abuse of process of court”, the judge added.

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