S.Suresh v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.9998 of 2021 S.Suresh ... Petitioner Vs.

1. The Secretary, School Education Department, Secretariat, Chennai - 600 009.

2. The Regional Officer, The Central Board of Secondary Education, New No. 3, J Block, 16th main Road, Anna Nagar, Chennai.

3. The Chief Education Officer, School Education Department, Ennaikaran, Kancheepuram District - 631 501.

4. Kshetra Vidyalaya Sr. Secondary School, Rep by The Principal, Maduvankarai, Sriperumbudur, Kancheepuram District.

5. The Kshetropasana Charitable Trust, Gokuldham, Maduvankarai, Sriperumbadur, Kancheepuram District - 602 105.

6. M/s. Vevkananda Institute of Educational Research and Training, C.T. H. Road, Ambattur West, Chennai - 600 053. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 5th Respondents not to close down / shut down

the 4th respondent school until the expiry of the affiliation / permission already granted by the 2nd respondent (from - till 2024) For Petitioner : Mr.G.Mohan For Respondents : Mr.E.Sundaram, Government Advocate

O R D E R

The relief sought for in the present Writ Petition for directing the 5th Respondents not to close down / shut down the 4th respondent / Senior Secondary School until the expiry of the affiliation / permission already granted by the 2nd respondent

2. Closing down of the 4th respondent/Senior Secondary School is a policy decision taken by the competent authorities. The petitioner is a resident of Sriperumbudur and his daughter was studying in the 4th respondent School. Since, the Writ Petition was filed based on the apprehension, the relief, as such sought for at this length of time cannot be granted.

3. The learned Government Advocate for the respondents brought to the notice of this Court that the 2nd respondent / Central Board of Secondary Education had already granted permission to close down the 4th respondent School. Since an

administrative decision had already been taken by the Board, the petitioner being a parent, cannot seek further relief to run the school.

4. Thus, the Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.

08.02.2024 skr Index : Yes To

1. The Secretary, School Education Department, Secretariat, Chennai - 600 009.

2. The Regional Officer, The Central Board of Secondary Education, New No. 3, J Block, 16th main Road, Anna Nagar, Chennai.

3. The Chief Education Officer, School Education Department, Ennaikaran, Kancheepuram District - 631 501.

4. Kshetra Vidyalaya Sr. Secondary School, Rep by The Principal, Maduvankarai, Sriperumbudur, Kancheepuram District.

5. The Kshetropasana Charitable Trust, Gokuldham, Maduvankarai, Sriperumbadur, Kancheepuram District - 602 105.

6. M/s. Vevkananda Institute of Educational Research and Training, C.T. H. Road, Ambattur West, Chennai - 600 053.

S.M.SUBRAMANIAM, J.

skr 08.02.2024