T.M.Gokulganth v. The Central Board Of Secondary Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI T.Gokulganth ... Petitioner Vs.
1. The Central Board of Secondary Education, Shikshakendra, No.2, Community Centre, Preet Vihar, New Delhi - 110 019.
2. The Commissioner of School Education, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Chengalpattu District.
4. The Correspondent, ORCHIDS THE INTERNATIONAL SCHOOL, No.274/8, 4th Street, Near Cognizant TCO, Sri Sowdeswari Nagar, Okkiyam, Thuraipakkam, Chennai - 600 097.
5. Shree Devi Educational Trust, No.68, Ulal Main Road, Bhavani Nagar 1st Stage, Malleawaram, Banglore - 560 056.
... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the fourth respondent to consider the petitioner's representation dated 06.03.2023 and consequently direct the fourth respondent to return the admission fee totally a tune of Rs.23,000/- paid by the petitioner for his son and daughter within the stipulated time. For Petitioner :
Mr.G.M.Gokul Ram For Respondents :
Mr.U.Baranidharan Additional Government Pleader for R2 and R3 *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the fourth respondent to consider the petitioner's representation dated 06.03.2023 and consequently direct the fourth respondent to return the admission fee to the tune of Rs.23,000/- paid by the petitioner for his son and daughter within the stipulated time.
2. Since no adverse order is being passed against the respondents 4 and 5, notice to respondents 4 and 5 is dispensed with. 2/6
3. It is the case of the petitioner that he has submitted an application for admission of their children in the fourth respondent School and made admission fees. However, on account of transfer of his job from Chennai to Coimbatore, he has moved to Coimbatore and requested the fourth respondent School to return the admission fees paid by him. In this regard he has submitted representation dated 06.03.2023 to the respondents. Since no reply is forthcoming from the respondents, the petitioner has filed the present writ petition.
4. Though very many grounds have been raised in the present writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the first respondent to consider the petitioner's representation dated 06.03.2023 and pass appropriate orders within the time frame that may be fixed by this Court.
5. Learned Additional Government Pleader appearing for the respondents 2 and 3 has no objection for the said order being passed.
6. Considering the facts and circumstances of the case, this Court 3/6
without going into the merits of the case directs the first respondent to consider the petitioner's representation dated 06.03.2023 and pass appropriate orders on merits and in accordance with law and after affording an opportunity of hearing to the petitioner as well as the aggrieved persons if any within a period of four (4) weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of. No costs. 31.03.2023 Index : Yes / No Speaking order / Nonspeaking order (rap) 4/6
To
1. The Central Board of Secondary Education, Shikshakendra, No.2, Community Centre, Preet Vihar, New Delhi - 110 019.
2. The Commissioner of School Education, College Road, Chennai - 600 006.
3. The Chief Educational Officer, Chengalpattu District.
4. The Correspondent, ORCHIDS THE INTERNATIONAL SCHOOL, No.274/8, 4th Street, Near Cognizant TCO, Sri Sowdeswari Nagar, Okkiyam, Thuraipakkam, Chennai - 600 097.
5. Shree Devi Educational Trust, No.68, Ulal Main Road, Bhavani Nagar 1st Stage, Malleawaram, Banglore - 560 056.
5/6
M.DHANDAPANI, J.
(rap) 31.03.2023 6/6