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Madras High CourtWP/1894/2015disposed of

Pasupathi Aided Middle School v. State Of Tamilnadu

2023-04-20Honourable Mr Justice S.M. Subramaniam11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and M.P.No.1 of 2015 in W.P.No.1894 of 2015, M.P.Nos.1 & 2 of 2015 in W.P.No.1895 of 2015, W.M.P.Nos.594 & 595 of 2017 in W.P.No.557 of 2017, W.M.P.Nos.248 of 2018, 36070, 36071, 36072, 36073, 36074, 36075, 36076, 36077, 36078 & 23682 of 2017 in W.P.No.22554 of 2017 W.P.No.1894 of 2015, and M.P.No.1 of 2015 Pasupathi Aided Middle School, Pandanallur 609 807, Thanjavur District, Rep. by its Secretary, V.Jayaveera Pandiyan, S/o.Vaidyanathaswamy.

...Petitioner

-Vs1.State of Tamil Nadu, Rep. by its Secretary to Government School Education Department, Secretariat, Chennai-9.

2. Director of Elementary Education, D.P.I.Campus, College Road, Chennai-6.

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3. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

(R-3 is Suo Moto impleaded as per order dated 23.03.2017 by NKKJ in WP.Nos.26718/2016 and WP.Nos.1894 & 1895/2015 and 557/2017.) 4.The Secretary to Government, Personnel and Administrative Reforms Dept.

Government of Tamilnadu, Fort St.George, Chennai.

(R5-suo moto impleaded as per order dt.14.11.2017 by NKKJ in WP.Nos.26718/16, 22554/17, 557/17,1894/15 &1895/15)

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 1st respondent in Letter No. 25461/Nee.Va2(2) / 2013 dt 30.12.2014 and to quash the same and consequently direct the respondents to pass orders granting permission to start English Medium Section in each standard as well as Kindergarten Education from the Academic Year 2015-2016, within a time frame to be fixed by this Honourable Court For Petitioner : Ms.S.Nedunchezhiyan For Respondents : Mr.S.Ravichandran, AGP 2/11

W.P.No.1895 of 2015 and M.P.Nos.1 & 2 of 2015 The Government Aided Primary & Middle Schools Managers Association, (Regn.No.141/2010) Having office at No.3, VAO Nagar, Rajagopalapuram, Kuttalam-609 801, Nagapattinam Dist, Rep. by its State Secretary, V. Jayaveera Pandiyan.

...Petitioner

-Vs1.State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai-9.

2. Director of Elementary Education, D.P.I.Campus, College Road, Chennai-6.

3. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

(R-3 is Suo Moto impleaded as per order dated 23.03.2017 by NKKJ in WP.Nos.26718/2016 and WP.Nos.1894 & 1895/2015 and 557/2017.) 4.The Secretary to Government, Personnel and Administrative Reforms Dept.

Government of Tamilnadu, Fort St.George, Chennai.

(R5-suo moto impleaded as per order dt.14.11.2017 by NKKJ in WP.Nos.26718/16, 22554/17, 557/17,1894/15 &1895/15)

...Respondents

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 1st respondent in Letter No. 26392/Nee.Va2(2) / 2013 dt 22.12.2014 and to quash the same and consequently direct the respondents to pass orders granting permission to start English Medium Section in each standard as well as Kindergarten Education from the Academic Year 2015-2016 in favour of Government Aided Schools within a time frame to be fixed by this Honourable Court For Petitioner : Ms.S.Nedunchezhiyan For Respondents : Mr.S.Ravichandran, AGP W.P.No.557 of 2017 and W.M.P.Nos.594 & 595 of 2017 Pasupathi Aided Middle School, Pandanallur-609 807, Thanjavur District.

Rep. by its Secretary V.Jayaveera Pandian, S/o.Vaidyanathaswamy.

...Petitioner

-Vs1.State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai-9.

2. Director of Elementary Education, D.P.I.Campus, College Road, Chennai-6.

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3. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

(R-3 is Suo Moto impleaded as per order dated 23.03.2017 by NKKJ in WP.Nos.26718/2016 and WP.Nos.1894 & 1895/2015 and 557/2017.) 4.The Secretary to Government, Personnel and Administrative Reforms Dept.

Government of Tamilnadu, Fort St.George, Chennai.

(R5-suo moto impleaded as per order dt.14.11.2017 by NKKJ in WP.Nos.26718/16, 22554/17, 557/17,1894/15 &1895/15)

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 1st respondent in Letter No. 30516/Tho.Ka.2(2)/2015 dt 14.06.2016 and to quash the same and consequently direct the respondents to grant permission to the petitioner school to start English Medium Section on self Finance basis atleast from the academic year 2017-2018, within a time frame to be fixed by this Honourable Court For Petitioner : Ms.S.Nedunchezhiyan For Respondents : Mr.S.Ravichandran, AGP 5/11

W.P.No.22554 of 2017 and W.M.P.Nos.248 of 2018, 36070, 36071, 36072, 36073, 36074, 36075, 36076, 36077, 36078 & 23682 of 2017 V.Tamizhanban

...Petitioner

-Vs1. The Secretary to Government of Tamil Nadu, School Education, Secretariat, Fort St.George, Chennai-600 009.

2. The Director, School Education, DPI Complex, No.17, College Road, Thousand Lights Chennai 600 008.

3. The District Educational Officer, Thiruvannamalai District, Thiruvannamalai.

4. Principal Secretary to Government, Department of Finance, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

(R4-Impleaded as per order dt.15.9.17 by NKKJ made in WP.Nos.22554 & 557/2017, 26718/2016, 1894 & 1895/2015.

5. Director General of Police, Government of Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

6. The Commissioner of Police, Greater Chennai Police, No.132,Commissioner Office Buildings, EVK Sampath Road, Vepery, Chennai-600 007.

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7. The Deputy Commissioner of Police, Central Crime Branch-I, No.132, Commissioner Office Buildings EVK Sampath Road, Vepery, Chennai-600 007.

8. The Superintendent of Police, Cyber Crime Branch, CBCID, Old Commissioner Office, Egmore, Chennai-8.

(R5 to R8 impleaded as per order dt 19.09.2017 by NKKJ in WP.Nos.22554 & 557/2017, 26718/2016,1894 & 1895/2015 and WMP.No.26564/2017 and connected M.Ps)

9. The Secretary to Government, Personnel and Administrative Reforms Dept., Government of Tamil Nadu, Fort St.George, Chennai.

(R9-suo motu impleaded as per order dt.14.11.2017 by NKKJ in WP.Nos.26718/16, 22554/17, 557/17, 1894/15 & 1895/15.)

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to take appropriate action based on petitioner representation dated 09.08.2017.

For Petitioner : Ms.N.Senthil Kumar For Respondents : Mr.S.Ravichandran, AGP 7/11

COMMON ORDER The learned counsel appearing on behalf of the petitioners furnished the copy of the Government Order issued in G.O.Ms. No.148 School Education Department, dated 20.07.2018, granting permission to commence English Medium Sections from Standard 1 to 6. Thus no further adjudication needs to be undertaken.

2.Further it is brought to the notice of this Court that the applications submitted by the writ petitioners in the present writ petitions are pending before the competent authorities for disposal. In view of the Government Order passed granting permission to start English Medium classes from standard 1 to 6 in the petitioner schools, the applications submitted by the petitioners shall be considered on merits and in accordance with law and in consonance with the provisions of the act and rules in force. All factors including the strength of the students and other infrastructure facilities etc., are to be verified with reference to the provisions of the statute and rules in force.

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3.Accordingly, the present writ petitions stand disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(sha) 20.04.2023 Index : Yes (2/2) Speaking Order To

1. The Secretary to Government of Tamil Nadu, School Education, Secretariat, Fort St.George, Chennai-600 009.

2. The Director, School Education, DPI Complex, No.17, College Road, Thousand Lights Chennai 600 008.

3. The District Educational Officer, Thiruvannamalai District, Thiruvannamalai.

4. Principal Secretary to Government, Department of Finance, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

5. Director General of Police, Government of Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

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6. The Commissioner of Police, Greater Chennai Police, No.132,Commissioner Office Buildings, EVK Sampath Road, Vepery, Chennai-600 007.

7. The Deputy Commissioner of Police, Central Crime Branch-I, No.132, Commissioner Office Buildings EVK Sampath Road, Vepery, Chennai-600 007.

8. The Superintendent of Police, Cyber Crime Branch, CBCID, Old Commissioner Office, Egmore, Chennai-8.

9. The Secretary to Government, Personnel and Administrative Reforms Dept., Government of Tamil Nadu, Fort St.George, Chennai.

10.State of Tamil Nadu, Rep. by its Secretary to Government School Education Department, Secretariat, Chennai-9.

11. Director of Elementary Education, D.P.I.Campus, College Road, Chennai-6.

12. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

13.The Secretary to Government, Personnel and Administrative Reforms Dept.

Government of Tamilnadu, Fort St.George, Chennai.

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S.M.SUBRAMANIAM . J., (sha) .

20.04.2023 (2/2) 11/11