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Madras High CourtWA/279/2018disposed of

The Director Of School v. Ssm Lakshmiammal

2018-02-15Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.2.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.Nos.279 and 280 of 2018 and C.M.P.Nos.1991 and 1992 of 2018

1. The Director of School Education, DPI Compound, College Road, Chennai.

2. The Director of Matriculation Schools, DPI Compound College Road, Chennai.

3. The Director of Government Examinations, DPI Compound College Road, Chennai.

4. The Joint Director (Admin) of Government Examinations, DPI Compound College Road, Chennai.

5. The Chief Educational Officer, Namakkal.

6. The District Educational Officer, Namakkal, O/o. District Education Officer, Namakkal.

7. The Inspector of Matriculation School, Erode Campus of Chief Education Office, Erode.

..Appellants/Respondents

Versus

SSM Lakshmiammal Matriculation Higher Secondary School, No.161, Bypass Road, Komarapalayam, rep. by Principal A.Parthiban ..Respondent/Petitioner Prayer: Writ Appeals filed filed under Clause 15 of the Letters Patent against the order dated 22.12.2017 passed in W.P.Nos.33708 and 33709 of 2017 on the file of this court.

W.P.Nos.33708 of 2017:

To call for the records of the 6th respondent made in Na.Ka. No.134359/ B8/17 dated 10.10.2017 and quash the same and consequently direct the respondents to allot the exam center to the petitioner school for the public exam to be conducted in the month of March 2018 for the academic year 2017-2018 for class X standard.

W.P.Nos.33709 of 2017:

To direct the respondents to allot the Exam center to the petitioner school for the public exam to be conducted in the month of March 2018 for the academic year 2017-2018 for class XI and XII standards.

Prayer in W.M.P. 37330/2017:

To pass an interim order directing the respondents to allot the Exam center to the petitioners School in respect of the exams to be held in the month of March 2018 for the academic year 2017-2018 for class X standard pending disposal of this writ petition.

Prayer in W.M.P. No 37331 of 2017:

To pass an interim order directing the respondents to allot the Exam center to the petitioner school in the respect of the exams to be held in the month of March 2018 for the academic year 2017-2018 for XI and XII standards pending the disposal of the writ petition.

For appellants : Ms.V.Annalakshmi, Government Advocate For respondent : Mr.R.Sankaranarayanan S.C.

for Mr.N.P.Vijaykumar COMMON JUDGMENT (Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.

2. It appears that on the ground of non-renewal of recognition for conducting the examination for 10th and 12th standard permission was being denied by the Department as against which the writ petitions had been filed and in the case on hand, it appears that pursuant to the earlier practice, for this academic year also, an order was passed directing not to conduct the examination in the respondent School unless such a recognition has been granted. These writ appeals have been filed challenging the interim order passed by the learned Single Judge granting stay of the impugned order and thereby directing the Department to continue the School as Centre for conducting the examination until further orders.

3. The order impugned in the writ appeals are interim orders in nature. It appears that the forthcoming examinations have been scheduled to commence in the first week of March 2018 and the main writ petitions are to be listed on 20.2.2018, it is submitted. Such being the case, considering the plight of the students, the appellants concerned shall take a decision in the matter of granting recognition or otherwise, on or before 28th of this month. Further, we request the learned Single Judge to take up and dispose of the main writ petitions by 20th of this month and if the institution succeeds in the main cases, it is needless to say that they would be permitted to conduct the examinations.

Accordingly, the writ appeals are disposed of. No costs. The connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ssk.

+1 Cc to The Govt. Pleader sr 12142& 12143.

+2 CCS to Mr.N.P. Vijayakumar, Advocate sr 11804 W.A.Nos.279 and 280 of 2018 SSD(CO) SP(19/02/2018)