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Madras High CourtWP/10533/2015disposed of

Tamil Nadu Private School v. State Of Tamilnadu

2018-02-14Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.02.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.10533 of 2015 Tamil Nadu Private School Teachers Sangam, Rep.by its General Secretary K.Palani, No.442-A, MIG Flat, Mathur, Chennai - 600 068.

..Petitioner vs

1. State of Tamil Nadu, Rep.by its Secretary to Government, Department of School Education, Fort St.George, Chennai - 600 001.

2. The District Collector, Chennai District, Chennai.

3. The Director of School Education, O/o.Directorate of School Education, Chennai - 600 006.

4. The Chief Educational Officer, Chennai District, Saidapet, Chennai - 600 015.

5. The Correspondent/Secretary, YMCA Sports Higher Secondary School, Nandanam, Chennai - 600 035.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to dispose the petitioners representation dated 12.02.2015 and consequently directing the respondents 1 and 2 to initiate proceedings against the respondents 3 to 5.

For Petitioner : Mr.D.Bharathy For RR1 to 4 : Mr.C.Munusamy, SGP (Education) For RR5 : M/s.P.Godson Swaminathan

O R D E R

The writ petition has been filed to issue a Writ of Mandamus, to direct the respondents 1 and 2 to dispose of the petitioner's representation dated 12.02.2015 and to initiate proceedings against the respondents 3 to 5.

2.According to the petitioner, the fifth respondent school is running under the control of the Delhi YMCA, National Council, New Delhi, which is not a minority institution. However, they are carrying on the activities as if it is a minority institution. Further, there is no recognition granted to the fifth respondent school from 2007 onwards, but, without verifying the same, the Educational authorities have given approval to the fifth respondent school for all the activities taken by them. Hence, the petitioner has submitted a detailed representation dated 12.02.2015 to the respondents 1 and 2. Since no action has been taken on the said representation, the petitioner is before this Court with the present writ petition for the above stated relief.

3.Heard both sides and perused the records.

4. Considering the facts and circumstances of the case and having regard to the submission made by the learned counsel on either side, this Court, without expressing any opinion with regard to the claim made by the petitioner, directs the respondents 1 and 2 to dispose of the petitioner's representation dated 12.02.2015 on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as all the other parties, if any. Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5.Accordingly, the writ petition is disposed of. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar kak To 1.The Secretary to Government, State of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 001.

2.The District Collector, Chennai District, Chennai.

3. The Director of School Education, O/o.Directorate of School Education, Chennai - 600 006.

4. The Chief Educational Officer, Chennai District, Saidapet, Chennai - 600 015. 5.The Correspondent/Secretary, YMCA Sports Higher Secondary School, Nandanam, Chennai - 600 035.

+1 Cc to Mr.D. Bharathy, Advocate sr 17092.

+1 CC to The Govt. Pleader sr 11712.

+1 CC to Mr. Isaac Chambers, sr 17469.

W.P.No.10533 of 2015 BR(CO) SP(22/03/2018)