S.Porkodi v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.03.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.21526 of 2014 and M.P.No.1 of 2014 S.Porkodi ..Petitioner vs 1.The Director, Elementary Education Department, College Road, Chennai - 600 006.

2.Chief Educational Officer, Salem District, Salem.

3.The District Primary Educational Officer, Salem District, Salem.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, call for the records of the impugned order made in Na.Ka.No.0027/Aa.4/2014 dated 23.07.2014 passed by the third respondent herein and quash the same, consequently direct the respondents to consider the approval of petitioner's school viz., Evangelin Nursery and Primary School at Kukkalpatti, Mecheri, Salem District, forthwith to protect the interest of students.

For Petitioner : M/s.M.R.Jothimanian For Respondents : Mr.A.Rajaperumal, AGP

O R D E R

This writ petition has been filed to quash the order of the third respondent dated 23.07.2014 and to direct the respondents to consider the application seeking approval of the petitioner's school viz., Evangelin Nursery and Primary School at Kukkalpatti, Mecheri, Salem District.

2.When the matter was taken up for consideration, the learned Additional Government Pleader appearing for the respondents produced a copy of the communication in Na.Ka.No.27/A4/2014 dated 15.02.2018 issued by the third respondent to the first respondent and submitted that subsequent to the filing of this writ petition, on the basis of the revised application submitted by the petitioner, the authorities conducted inspection, based on which, the aforesaid proceedings dated 15.02.2018 came to be issued, pointing out certain deficiencies found in the petitioner's School. 3.On the contrary, the learned counsel for the petitioner submitted that till date, the petitioner has not received either the inspection report or the aforesaid proceedings dated 15.02.2018 issued by the third respondent. However, the learned counsel submitted that the petitioner would rectify all the deficiencies pointed out in the aforesaid proceedings within a short time and after complying with the same, her request seeking approval may be directed to be considered by the authorities concerned.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the petitioner to rectify all the deficiencies pointed out in the proceedings dated 15.02.2018 issued by the third respondent and submit the all the necessary documents in proof of the same, to the authorities concerned within a period four weeks from the date of receipt of a copy of this order. On such submission, the authorities concerned shall consider the same and pass appropriate orders within a period of four weeks thereafter.

5.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar kak/rk

To 1.The Director, Elementary Education Department, College Road, Chennai - 600 006.

2.Chief Educational Officer, Salem District, Salem. 3.The District Primary Educational Officer, Salem District, Salem.

+1 cc to Mr. M.R. Jothimanin, Advocate Sr.18786 +1 cc to Government Pleader SR.192 18, 19222 W.P.No.21526 of 2014 (CS-DR) EU(12/04/2018)