Madras High CourtWP/6791/2019disposed of

Mannai Narayanasamy Matriculation School v. The Director

2019-03-18Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.03.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.6791 of 2019 and W.M.P.No.8304 of 2019 Mannai Narayanasamy Matriculation School, Rep by its Correspondent T.Chozharajan, T.S.No.55, Mannai Narayanasamy Nagar, Mannargudi, Thiruvarur District - 614 001. .. Petitioner Vs.

1.The Director, The Directorate of Matriculation Schools, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Office of the Chief Education Officer, Uthagamandalam, Nilgiris.

.. Respondents (R2-impleaded vide order of this Court dated 18.03.2019 made in W.M.P.No.8304 of 2019 in W.P.No.6791 of 2019) PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to process the petitioner's application dated 04.10.2018 for grant of recognition to commence Matriculation School in view of the compliance communication dated 04.02.2019 made by the petitioner, within a time frame. For Petitioner : Ms.G.V.Seethalekshmi For Respondent : Mrs.P.Kavitha Government Advocate

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondents to process his application dated

04.10.2018 for grant of recognition to commence Matriculation School, in view of the compliance communication dated 04.02.2019 made by the petitioner.

2. As the competent authority to consider the application is only the Chief Education Officer, who has not been made as a party to the petition, the petitioner has filed W.M.P.No.8304 of 2019 to implead the Chief Education Officer as second respondent in this writ petition. The said miscellaneous petition is ordered and the Chief Education Officer is impleaded.

3. The case of the petitioner is that the petitioner-school wanted to start a Matriculation School and made an application dated 04.10.2018 to the District Educational Officer, Mannarkudi. The District Educational Officer vide his communication in Na.Ka.No.6869/A4/2018 dated 11.12.2018 had recommended for grant of recognition to the Chief Education Officer, Thiruvarur, who in turn had pointed out certain deficiencies. After complied with the deficiencies, the petitioner-school sent a compliance communication to the first respondent on 04.02.2019. But so far, no order has been passed by the respondents. Hence, the petitioner has filed this writ petition.

4. Heard the learned counsel appearing on both sides.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the second respondent to consider the petitioner's application dated 04.10.2018 in the light of the recommendation letter dated 11.12.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rsi

To 1.The Director, The Directorate of Matriculation Schools, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Office of the Chief Education Officer, Uthagamandalam, Nilgiris.

+1 cc to Mr.E.Vijay Anand, Advocate, Sr.No. 24963 +1 cc to The Government Pleader, Sr.No. 25689 W.P. No.6791 of 2019 GJII(CO) CSL/29.05.2019