Harishitha Suresh Kumar v. Directorate Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.04.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.10100 of 2019 Harshitha Suresh Kumar Rep. by her Natural Guardian and Father Mr.R.Suresh Kumar .. Petitioner vs.

1.The Directorate of School Education, Rep. by its Director, DPI Complex, College Road, Chennai - 600 006.

2.Air Force School, Tambaram, Rep. by its Chairman, Air Force Station, Tambaram, Chennai - 600 046. .. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to disclose its policy, criteria and priority for granting admission for the civilian category under 'Priority VII' for granting admission for candidates in Class 'LKG' for the academic year 2019-2020 and also directing the second respondent to admit the petitioner, Harshitha Suresh Kumar in class 'LKG' as per the representation dated 27.03.2019 For Petitioner : Mr.G.Abraham Prabhu For R1 : Mrs.P.Kavitha Government Advocate

O R D E R

The writ petition has been filed seeking a direction to the second respondent to disclose its policy, criteria and priority for granting admission for the civilian category under 'Priority

VII' for granting admission for candidates in Class 'LKG' for the academic year 2019-2020 and also directing the second respondent to admit the petitioner, Harshitha Suresh Kumar in class 'LKG' as per the representation dated 27.03.2019.

2. The petitioner, namely, Harshitha Suresh Kumar aged about 3 years, has been studying in second respondent's kindergarten play school 'BLOOMING BUDS PLAYSCHOOL, AFWWAL(L)' for the academic year 2018-2019 after having admitted into their school and has paid the school fee within the scheduled time. When the petitioner's parents decided to continue her study in the second respondent's school, they have applied for admission in 'LKG' in the second respondent's school for the academic year 2019-2020 under the civilian category 'Priority VII'. However, in the first admission list displayed on 07.03.2019 and in the second admission list displayed on 22.03.2019, the petitioner's name was not listed. Hence, the petitioner's father made a representation dated 27.03.

2019 to the second respondent-school, calling upon them to inform the petitioner on what basis students falling under the category of 'Priority VII' are given admission in their school and why the petitioner was not given an admission and also requesting them to admit his daughter, Harshitha Suresh Kumar into their school for 'LKG'. Despite the receipt of the representation no response was given by the second respondent-school. Hence, the petitioner is before this Court.

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 representation dated 27.03.2019 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and also affording him due 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 //True Copy// Sub Assistant Registrar rsi

To 1.The Director, Directorate of School Education, DPI Complex, College Road, Chennai - 600 006.

2.The Chairman, Air Force School, Air Force station, Tambaram, Chennai - 46.

+1cc to Mr.G.Abrajiam Prabhu, Advocate, S.R.No.32792 +1cc to The Government Pleade, S.R.No.34238 W.P.No.10100 of 2019 SJ(CO) RRS(28/05/2019)