The High Court directed educational authorities to consider and pass orders on a school's recognition proposal within four weeks and forbade coercive steps during this period.
Direction to respondents to consider and pass orders on the recognition proposal within four weeks; no coercive steps.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.15394 of 2019
St.John's Nursery and Primary School rep. by its correspondent Mrs.Priscilla Plot No.15, Vishnu Nagar, V.O.C. Street, Puzhal, Chennai-600 066.
...Petitioner Vs. 1.The Director of School Education, DPI Campus, College Road, Chennai-600 006. 2.The Chief Educational Officer, Thiruvallur, Thiruvallur District. 3.The District Educational Officer, Ambattur, Chennai-600 053. 4.The Block Educational Officer-I, Puzhal Block, Gandhi Main Road, Puzhal, Chennai-600 066. ... Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant certificate of recognition for the petitioner's school for the academic year 2019-2020 by considering the proposal dated 20.05.2019 within the time limit fixed by this Hon'ble Court.
For Petitioner : Mr.M.Vijayakumar
For Respondents: Mr.V.Annalakshmi Government Advocate
O R D E R
This writ petition has been filed to direct the respondents to grant certificate of recognition for the petitioner's school for the academic year 2019-2020 by considering the proposal dated 20.05.2019.
2.The impugned show cause notice dated 11.05.2019 has been issued by the 2nd respondent, calling upon the petitioner school to show cause as to why action should not be taken against the petitioner for running the school without obtaining necessary certificate of Recognition from the competent authority, as per the provisions of Section 18(1) of the Right of Children to Free and Compulsory Education Act, 2009. Learned Counsel for the Writ petitioner would submit that the petitioner school had already submitted necessary proposal in the prescribed format coupled with supporting documents in the month of May 2019 to the competent authority and the same is also recommended by the Block Educational Officer to the District Educational Officer. However, without passing any orders on the said proposal for recognition, the impugned show cause notice has been issued.
3.Taking into consideration the narrow compass and the facts and circumstances of the case, there shall be a direction to the respondents to consider and pass orders on the proposal submitted by the writ petitioner, within a period of four weeks from the date of receipt of a copy of this order, and until such time, no coercive steps shall be taken by the respondents. With the above direction, the writ petition is disposed of. No Costs.
Sd/Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
rri/ssd
To
1.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
+4cc to S.Marimuthu, Advocate Sr.45104
W.P.No.15394 of 2019
jp[co]
srg 10/06/2019
1 issue framed by the court
Whether the respondents are directed to grant certificate of recognition for the petitioner's school for the academic year 2019-2020.
2 provisions across 2 enactments
St. John's Nursery and Primary School
The Director of School Education, DPI Campus, College Road, Chennai-600 006
The Chief Educational Officer, Thiruvallur
The District Educational Officer, Ambattur
The Block Educational Officer-I, Puzhal Block
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
