Court allowed writ petition challenging rejection of school recognition application. Ordered respondents to consider pending application and grant permanent recognition within 12 weeks.
Impugned order quashed; respondents directed to consider application and grant permanent recognition within 12 weeks.
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W.P.(MD)No.4825 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.09.2022
CORAM
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
Writ Petition (MD) No.4825 of 2022
Hindu Vidyalaya Nursery & Primary School, Rep. By its Secretary, K.Muthukumar, S/o.M.Kamaraj, 3-197-1 Main Road, Mayamankurichi, Alangulam, Tirunelveli District. .. Petitioner
Versus
.. Respondents
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Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in respect of the impugned order dated 20.01.2022 passed by the third respondent and quash the same as illegal, consequently directing the respondents to grant permanent recognition to the petitioner's school within a stipulated period as fixed by this Court.
For Petitioner : Mr.S.Chellapandian For Respondents : Mr.V.Om.Prakash Government Advocate
ORDER
The petitioner has prayed for issuance of a Writ of Certiorarified Mandamus, calling for the records in respect of the impugned order dated 20.01.2022 passed by the third respondent and quash the same as illegal, consequently directing the respondents to grant permanent recognition to the petitioner's school.
2.The case of the petitioner is that the petitioner obtained a pre-approval on 07.07.2015 from the President of Mayamankurichi Village Panchayat to construct a school building. Thereafter, he was constructed a school building consisting of 1562.27 Sq.ft without plinth area and running a Nursery & Primary School in the name & style of “Hindu Vidyalaya Primary & Nursery School”. He wants to get a recognition from the competent authority and https://www.mhc.tn.gov.in/judis hence, he made an application on 05.12.2017 to the fourth respondent. On
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receipt of the said application, the fourth respondent forwarded the same to the third respondent in Na.Ka.No.881/A3/2021, dated Nil.12.2021 to grant of recognition. Thereafter, the third respondent returned the said application of recognition in which the third respondent pointed out some deficiencies. After rectifying the deficiencies, the petitioner's application was kept pending for more than 3 years without passing any orders. Finally, on 20.01.2022, the third respondent passed an order rejecting the petitioner's application stating that the building plan approval should be obtained from the Directorate of Town and Country Planning (DTCP) Department.
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body and being the President of the Mayamankurichi. Further, the Education Department in G.O.Ms.No.66, dated 03.08.2020 has extended the recognition for all the schools till 31.05.2022. Hence, considering the same, the petitioner's application dated 05.12.2017 for recognition to be disposed of by considering the dictum laid down in the case of Kaviyan School case reported in 2015(2) LW 601 and also in the light of G.O.Ms.No.66, dated 03.08.2020.
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Index : Yes/No
26.09.2022
am To
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V.BHAVANI SUBBAROYAN, J.
am
Order made in W.P.(MD) No.4825 of 2022
26.09.2022
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1 issue framed by the court
Whether the order rejecting the petitioner's application for permanent recognition due to lack of DTCP approval is sustainable given existing plan approval.
Colour shows how this judgement treated each authority
The Tamilnadu unaided Polytechnic Management Association vs The State Tamil NaduReferred¶26
The Tamilnadu unaided Polytechnic Management Association Vs. The State Tamil Nadu & others in W.P.No.7236 of 2013
Kaviyan SchoolReferred¶29
Kaviyan School case reported in 2015(2) LW 601
Hindu Vidyalaya Nursery & Primary School, Rep. By its Secretary, K.Muthukumar
The Director of Elementary Education, Directorate of Elementary Education, DPI Compound, College Road, Chennai
The Chief Educational Officer, Tenkasi District, Tenkasi
The District Educational Officer, Sankarankovil Educational District, Sankarankovil, Tenkasi
The Block Educational Officer, Alangulam Range, Tenkasi District
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
