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Madras High CourtWP/6794/2019disposed of

I.M.S.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.6794 of 2019 I.M.S. Matriculation School, Rep by its Correspondent Abdu, Pakkana, Nellakotta P.O., Pandalur Taluk, Nilgiris - 643 225.

.. 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 Educational Officer, Uthagamandalam, Nilgiris.

.. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to process the petitioner's application dated 22.09.2017 for upgrading school classes from VIII to X standard from the academic year 2019-2020 in view of compliance communication dated 12.10.2018 followed by a reminder dated 18.02.2019 made by the petitioner.

For Petitioner : Ms.E.Vijay Anand For Respondents : 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 22.09.2017 for upgrading school classes from VIII to X standard from the academic year 2019-2020, in view of the compliance

communication dated 12.10.2018 followed by a reminder dated 18.02.2019 made by the petitioner.

2. The case of the petitioner is that the petitioner-school is running a Matriculation School pursuant to the recognition, dated 31.10.2014 from LKG to VIII standard. It is stated that for the ensuing academic year, the petitioner wanted to upgrade the school till X standard. In this regard, the petitionerschool made an application dated 22.09.2017 to the first respondent. On receipt of the same, the Inspector of Matriculation, Coimbatore had on inspection and recommended for upgradation. After receipt of recommendation, the second respondent sought for certain clarifications. After complied with the clarifications, the petitioner-school sent a communication to the second respondent on 12.10.2018 and a reminder representation on 18.02.2019. But so far, no order has been passed by the respondents. Hence, the petitioner-school has filed this writ petition.

3. Heard the learned counsel appearing on both sides.

4. 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 22.09.2017 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.

5. 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 Educational Officer, Uthagamandalam, Nilgiris.

+1 cc to Mr.E.Vijay Anand, Advocate SR.No.24962 +1 cc to The Government Pleader, Sr.No.25689 W.P. No.6794 of 2019 CSL/29.05.2019