Kongu Kalvi Nilayam Higher v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA W.P.No.9675 of 2025 Kongu Kalvi Nilayam Higher Secondary School rep.by its Correspondent Mr.A.Palanisamy SF.No.192/1A, Sembiyanallur Village Periyanatham Palayam Avinashi Taluk, Tirupur District 641 654.

... Petitioner Vs.

1. The Principal Secretary to Government School Education Department, Fort St.George, Chennai.

2. The Director School Education Department College Road, Chennai 600 009. ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the 1st respondent herein to consider the representation preferred by the petitioner dated 31.10.2023 and take appropriate steps there by permitting the self financing school imparting uniform system of school education in the State of Tamil Nadu such as the

petitioner school viz Kongu Kalvi Nilayam Higher Secondary School to approach one single authority for applying and granting of temporary recognition for running classes from LKG to 12th standard. For Petitioner : Mr.M.Venkadeshan For Respondents : Mr.L.S.M.Hasan Fazil Additional Government Pleader

O R D E R

This writ petition is filed for a Writ of Mandamus directing the 1st respondent herein to consider the representation of the petitioner dated 31.10.2023 and to take appropriate steps for permitting the self financing schools imparting uniform system of school education in the State of Tamil Nadu such, as the petitioner school, to approach one single authority for applying and for granting temporary recognition for conducting classes from LKG to 12th standard.

2. The petitioner school has completed 22 years of service in the field of education and is imparting school education to thousands of students from LKG to 12th Std. The petitioner states that temporary recognition to schools functioning in state of Tamil Nadu is granted for a period of 3 years and the same is liable to be renewed once in three years. According to the petitioner, as

per the existing procedure the self financing private schools in the state have to approach two different authorities for renewal of recognition (i.e.,) the DEO for granting temporary recognition for conducting Nursery and Primary classes (LKG to Vth std) and the 2nd respondent for granting temporary recognition for conducting Higher Secondary classes (6th to 12th std). However in respect of schools functioning under the Matriculation Board temporary recognition is granted by one single authority for classes from LKG to 12th std.

3. The petitioner further states that schools functioning under the uniform stream of the state board, such as the petitioner school are required to apply separately to different authorities for conducting Nursery and Primary classes and secondary classes. According to the petitioner consequent to the introduction of the Uniform system of School Education all streams of schools have common syllabus and minimum land required for all streams of education are one and the same. However, the procedure for obtaining temporary recognition under the different streams of education remains different, inspite of the Government G.O.Ms.No.101 dated 18.05.2018. Under the circumstances the petitioner school submitted a representation on 09.08.2019, to the 2nd respondent requesting him to set up a procedure where under one single authority could be approached for temporary recognition for classes LKG to 12th standard. Since

no action was taken on the said representation by the second respondent, the petitioner sent a further representation to the first respondent on 31.10.2023. However the 1st respondent also did not take action action on the said representation. Therefore, the petitioner filed the present writ petition.

4. With the consent of both side counsels the main writ petition is taken up for disposal.

5. Though very many grounds were raised in the Writ Petition, the learned counsel for the petitioner submitted that, it would suffice if a direction is issued to the first respondent to consider the petitioner's representation dated 31.10.2023, on merits and to pass orders within a time frame to be fixed by this Court.

5. The learned Additional Government Pleader for the respondents did not object to the said submission of the petitioner.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 31.10.2023 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above direction, the writ petition is disposed of. No costs. 24.03.2025 dpq Index : Yes /No Speaking Order : Yes/No To

1. The Principal Secretary to Government School Education Department, Fort St.George, Chennai.

2. The Director School Education Department

College Road, Chennai 600 009.

N. MALA, J.

dpq W.P.No.9675 of 2025 24.03.2025