Madras High CourtWP/15375/2015disposed of

Sri Nandhanam International v. The Director Of School

2015-06-03Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 03.06.2015

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN W.P. No.15375 of 2015 Sri Nandhanam International School, Molagarampatti, Tirupattur - 635 601 Vellore District Rep by its Manager, P.Haridoss ... Petitioner - Vs -

1. The Director of School Education DPI Campus, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Vellore District, Sathuvachari, Vellore - 9.

3. The District Educational Officer, Tirupattur, Vellore District.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pass appropriate orders on the application submitted by the Petitioner school dated 06.02.2015 for grant of Recognition to Petitioner School based on the proposal forwarded by 3rd respondent to the 2nd respondent dated 09.03.2015 as well as the inspection conducted by 2nd respondent, along with No Objection Certificate for obtaining affiliation from Central Board of Secondary Education, within a time frame to be fixed by this court. For Petitioner : Mr.G.Sankaran For Respondents : Mr.V.Subbiah, Special Government Pleader

ORDER

By consent of both parties, the Writ Petition is taken up for final disposal.

2. According to the petitioner, the school was established by a registered Educational Trust in the name of 'Potti Munirathinam Nandagopal Mohana Krishnaa Educational and Social Welfare Trust' with the laudable object of imparting quality education in Central Board of Secondary Education (CBSE) to satisfy educational needs of public. The school was established on 06.06.2012 with Pre KG to VI standards in CBSE scheme and according to the petitioner, all norms and standards with reference to the infrastructural and instructional facilities, as provided under the provisions of Affiliation Bye-law by CBSE, have been fully and strictly complied with.

3. The trust submitted an application with a declaration regarding norms and standards prescribed under the provisions of Right of Children to Free and Compulsory Education Act, 2009, and a further application in the prescribed proforma for grant of recognition to the petitioner's school from the commencement for the academic year 2014-15 on 06.02.2015. The petitioner, would further submit that on receipt of the said application, the officials of the second respondent had inspected the premises on 06.02.2015, and satisfied with the aspect of the petitioner's school has complied with infrastructural and instructional facilities as required, the normal course would be to forward the necessary proposal to the first respondent. The petitioner had also submitted another application to the said Board requesting affiliation on the ground that students are moving from VIII standard to IX standard.

4. The grievance expressed by the petitioner is that, in spite of such a positive recognition by the officers of the second respondent, no orders have been passed by the first respondent. Therefore, the petitioner has come forward with this writ petition.

5. Heard, Mr.G.Sankaran, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice for the respondents.

6. This Court, take into consideration the limited scope of prayer sought for by the petitioner, directs the first respondent to dispose of the application dated 06.02.2015 submitted by the petitioner, after taking note of the recommendation made by the second respondent and pass orders as expeditiously as possible and

not later than four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 7.The Writ Petition is disposed of accordingly. No Costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nvi To

1. The Director of School Education DPI Campus, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Vellore District, Sathuvachari, Vellore - 9.

3. The District Educational Officer, Tirupattur, Vellore District +1cc to M/s.G.Sankaran, Advocate, S.R.No.26441 +1cc to the Government Pleader, S.R.No.26519 W.P.No.15375 of 2015 SAI(CO) CA(09/06/2015)