The Madras High Court allowed writ petitions challenging a Government Order requiring minority schools to form management committees. Relying on the Supreme Court Pramati case, the court held that the RTE Act applies only to non-minority institutions.
The impugned G.O. Nos. 213 dated 26.12.2011 is quashed in so far as it is applicable to the petitioners.
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 DATED: 18.09.2018
CORAM THE HONOURABLE MR. JUSTICE S.S.SUNDAR
W.P.Nos. 24134 to 24137 of 2012
SBM High, School, Rep. by the Correspondent, Trichy Road, Namakkal District ...Petitioner in W.P.No.24134/2012 SBM Primary School, Rep. by the Correspondent, Trichy Road, Namakkal District. ...Petitioner in W.P.No.24135/2012 Nusrathul Islam Girls Higher Secondary School Rep. by its Secretary and Correspondent Mr. M. Muhammad ishan Pernambut, Vellore District. ...Petitioner in W.P.No.24136/2012 Nusrathul Islam Aided Primary School Rep. by its Secretary and Correspondent Mr. M. Muhammad Ihsan Pernambut, Vellore District. ...Petitioner in W.P.No.24137/2012 Vs.
Common Prayer: Writ petition is filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari to call for the entire records relating to the impugned G.O. (Ms). No.213 School education (C2) Department dated 26.12.2011 passed by the 1st respondent and Quash the same as ultra virus of Act 35 of 2009 (Central Act) and unenforceable against the petitioner school.
For Petitioner in all WPs : M/s. S.N. Ravichandran
COMMON ORDER
This Writ Petition is filed for challenging the impugned order vide G.O. (Ms). No.213 School education (C2) Department dated 26.12.2011, passed by the first respondent and Quash the same.
pds/rpl
To
1.The Additional Chief Secretary to the Government,
The State of Tamil Nadu,
Department of School Education
Fort St. George, Chennai - 9.
2.The Principal Director/State Project Director
Sarva Shiksh Abiyan
DPI Compound
Chennai - 600 006.
3.The Director of School Education,
College Road,
Chennai - 600 006.
4.The Director of Elementary Education,
College Road,
Chennai - 600 006.
+2ccs to Mr.S.N.Ravichandran, Advocate, SR.No.64707
+2ccs to The Government Pleader, SR.No.65824 and 64986
W.P.Nos. 24134 to 24137 of 2012
AK(CO)
rrs(16/10/2018)
2 issues framed by the court
Whether the Right of Children to Free and Compulsory Education Act, 2009 applies to minority educational institutions?
Whether the General Order dated 26.12.2011 directing minority schools to form management committees should be quashed?
Colour shows how this judgement treated each authority
Pramati Educational and Cultural Trust and others Vs. Union of India and other [2014 (4) MLJ 486 486 (SC)]Followed¶14
4 provisions across 3 enactments
SBM High, School, Rep. by the Correspondent
SBM Primary School
Nusrathul Islam Girls Higher Secondary School
Nusrathul Islam Aided Primary School
State of Tamil Nadu
Principal Director/State Project Director Sarva Shiksh Abiyan
S.S. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
