Disposed

The Correspondent / Trustee v. the Chief Educational Officer

Madras HC15 Oct 2024WP(MD)/7243/2017

Case brief

AI extract

What is this about?

Petitioner sought recognition for a non-minority nursery and primary school. The Court disposed of the writ petition by directing the Director of School Education to consider the temporary recognition application within 12 weeks after notice.

What did the court decide?

Direct the Director of School Education to consider the grant of temporary recognition within 12 weeks after notice.

The Correspondent / Trustee Vs the Chief Educational… — Education and Admissions | Madras HC (2024)

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W.P(MD)No.7243 of 2017

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 14.10.2024

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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W.P(MD)No.7243 of 2017 and

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W.M.P(MD)No.1728 of 2018

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The Correspondent / Trustee, Sri Venkatachalapathy Charitable Trust / Kamaraj Vidyalaya Nursery and Primary School, Sakthi Vinayagar Kovil Street, Kumaragiri, Pudukottai, Thoothukudi District. ... Petitioner

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Vs.

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1.The Chief Educational Officer, Thoothukudi District, Thoothukudi.

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2.The District Educational Officer, Thoothukudi District, Thoothukudi.

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3.The District Elementary Educational Officer,

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Thoothukudi District, Thoothukudi.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.7243 of 2017

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records relating to the proceedings of the impugned order in Na.Ka.No. 7308/A3/2016, dated 27.01.2017 on the file of the first respondent and quash the same and further directing the respondents to grant recognition for the Kamaraj Vidyalaya Nursery and Primary School in Pudukottai and pass such further or other orders as this Court.

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For Petitioner : Mr.G.Prabhu Rajadurai

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For Respondents : Mr.T.Amjad Khan Government Advocate

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ORDER

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The present writ petition is filed challenging the impugned order issued by the first respondent in Na.Ka.No.7308/A3/2016, dated 27.01.2017.

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The petitioner is the Correspondent / Trustee of Sri Venkatachalapathy Charitable Trust. The petitioner started a School for teaching nursery students following Tamil Nadu State Syllabus and is a Non Minority School. On 01.06.2016, the petitioner made an application to the third respondent seeking permission for starting the School. There was no response. Hence, the petitioner filed a writ petition in W.P(MD)No.21843 of 2016 before this Court and the same was disposed of on 15.11.2016, directing the first respondent to consider the petitioner's application within eight weeks. Thereafter, the first

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W.P(MD)No.7243 of 2017

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respondent rejected the petitioner's application stating that the School was situated very near to the National Highways. However, the same was not true. Hence, the present writ petition.

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The learned Government Advocate for the respondents would submit that temporary recognition of the School is pending consideration and circulated the proceedings, dated 08.07.2024 of the third respondent / District Elementary Educational Officer addressed to the Director of School Education. The learned Counsel for the petitioner would submit that they would confine their prayer for a direction that the grant of temporary recognition may be considered by the Director of School Education, within a stipulated period, to which the learned Government Advocate for the respondents would submit that the Director of School Education would consider and pass orders in accordance with law after putting the petitioner and any other interested parties, if any, on notice, within a period of twelve (12) weeks from the date of receipt of a copy of this order, which was acceeded to by the learned Counsel for the petitioner.

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W.P(MD)No.7243 of 2017

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Recording the same, the writ petition stands disposed of. There shall

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be no order as to costs. Consequently, connected Miscellaneous Petition stands

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closed.

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14.10.2024

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NCC : Yes / No Index : Yes / No Internet : Yes BTR

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1.The Chief Educational Officer, Thoothukudi District, Thoothukudi.

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2.The District Educational Officer, Thoothukudi District, Thoothukudi.

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3.The District Elementary Educational Officer,

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Thoothukudi District, Thoothukudi.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.7243 of 2017

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MOHAMMED SHAFFIQ, J.

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BTR

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W.P(MD)No.7243 of 2017

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14.10.2024

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https://www.mhc.tn.gov.in/judis

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The Correspondent / Trustee v. the Chief Educational Officer

Case brief

What is this about?

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The Correspondent / Trustee v. the Chief Educational Officer

Case brief

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