The Court expressed a prima facie view that a Government Order mandating area requirements for all schools irrespective of type is violative of Act 14. The matter was adjourned as the State counsel sought time for instructions.
Temporary stay on the Government Order pending final hearing and adjournment of the matter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
Thursday, the Twentieth day of September Two Thousand Eighteen
PRESENT
THE HON’BLE MR.JUSTICE S.S.SUNDAR
WP No.12555 of 2015
and MP No.2 of 2015
GURUVIKAS NURSERY AND PRIMARY [ PETITIONER IN BOTH THE PETITIONS] SCHOOL, REP BY ITS CORRESPONDENT, P.DHANAPAL, 7/180, POGALUR POST, SARAVANAN NAGAR, ANNUR TALUK, COIMBATORE 641 697
Vs
1 THE STATE OF TAMIL NADU [ RESPONDENTS IN BOTH THE PETITIONS] REP BY ITS COMMISSIONER & SECRETATY,
ELEMENTARY EDUCATIONAL DEPARTMENT, SECRETARIAT, CHENNAI - 9
2 THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, DPI, CHENNAI -6.
3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, RAJA STREET, TOWN HALL, COIMBATORE-1
4 ASSISTANT ELEMENTARY EDUCATION OFFICER, ANNUR TALUK, ANNUR, COIMBATORE 641 653
Writ Petitions under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue Writ of Certiorarified Mandamus
(i) Call for the records of the Ist Respondent pertaining to G.O.M.S.No.49 School Education D1 department dated 01/03/2007 and quash the same as arbitrary, ultra vires, void and against to the object and scope of the relevant Act, Rules and regulations in this subject and consequently direct the respondents to consider the application of the petitioner dated 28/02/2014 for recognition of his school without reference to G.O.M.S.No.49 School Education D1 department dated 01/03/2007 (in WP.12555/2015) and
(ii) To grant interim injunction restraining the 3rd and 4th respondent not to insist for the required area in pursuance of the G.O.M.S.No.49 School Education D1 department dated 01/03/2007 (in MP.2/2015)pending WP.No.12555 of 2015.
Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.V.BALAMURUGANE, Advocate for the petitioner in both the petitions and of MRS.V.ANNALAKSHMI, GA on behalf of the Respondents in both the petitions the court made the following order:-
This Court is of the prima facie view that the impugned Government Order in G.O.M.S.No. 49 (Education Department – PrePrimary School) dated 01.03.2007 is violative of Act 14. The said Government Order is made applicable to every school irrespective of the nature of the school, whether it is Kinder Garden or Primary or High School by a subsequent Government Order.
-sd/20/09/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE COMMISSIONER & SECRETATY, STATE OF TAMIL NADU, ELEMENTARY EDUCATIONAL DEPARTMENT, SECRETARIAT, CHENNAI - 9
2 THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, DPI, CHENNAI -6.
3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, RAJA STREET, TOWN HALL, COIMBATORE-1
4 ASSISTANT ELEMENTARY EDUCATION OFFICER, ANNUR TALUK, ANNUR, COIMBATORE 641 653
C.C. to M/S.V.BALAMURUGANE Advocate on payment of necessary charges
Order
in
WP.12555/2015
and MP.No.2 of 2015
Date :20/09/2018
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
RRI 06/05/2015
VS 25.09.2018
3 issues framed by the court
Whether the impugned G.O.M.S.No. 49 dated 01.03.2007 is violative of Act 14.
Whether the order is arbitrary, ultra vires, and void.
Whether to grant interim stay on insisting required area pending main petition.
2 provisions across 2 enactments
Guruvikas Nursery and Primary School, Rep by its Correspondent, P.Dhanapal
The State of Tamil Nadu, Rep by its Commissioner & Secretary, Elementary Educational Department
The Director of Elementary Education
The District Elementary Educational Officer
Assistant Elementary Education Officer, Annur Taluk
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
