Swami Dayananda Rotary v. The Director Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2017

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.14152 of 2017 Swami Dayananda Rotary Matriculation School, Represented by its Principal J. Ravi, Managed by Aim for Seva, Kadalur Village, Cheyyur Taluk, Kancheepuram District - 603 305 ...

Petitioner --Vs--

1. The Director of Matriculation Schools, College Road, Nungambakkam, Chennai.

2. The Inspector of Matriculation Schools, Near Rangaswamy kolum, Kancheepuram.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent herein to consider the application for permission made by the petitioner school herein i.e. Swami Dayananda Rotary Matriculation School dated 24.02.2016 relating to up gradation of 11th std within a time limit fixed by this court in accordance with law.

For Petitioners : Mr.S.Sathya Narayanan For Respondents : Mr.V. Anandhamurthy Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction to the first respondent to consider the application made by the petitioner- School, i.e. Swami Dayananda Rotary Matriculation School, dated 24.02.2016 relating to upgradation of 11th standard within a time limit as may be fixed by this Court in accordance with law.

2. The case of the petitioner is that the School has been founded in the year 2005 by well-known Charitable Organisation AIM FOR SEVA, as a part of rehabilitation of the displaced fishermen, with a noble intention and primary object of serving

poor and needy people. The petitioner-School got the Government approval for LKG to 5th Standard (Nursery and Primary School) in the year 2010-2011 and the same was upgraded upto 10th Standard in the year 2015-2016. It is further stated that now 354 boys and 292 girls are studying in the said School and they are providing modern library with 2500 volumes, physical education with necessary play equipments, Modern Physics, Chemistry and Biology labs with equipments to give training even upto 12th Standard, if permission is granted. It is also stated that in the recent 10th Standard Board exam, 19 of the petitioner's students appeared and have secured good marks. Since the petitioner-School is able to give good education, the people are willing for upgradation of the School upto 12th standard.

Hence, the petitioner-School made an application to the first respondent on 24.02.2016 along with necessary particulars and documentary evidence. But the said application has been kept pending without giving any opportunity to the petitioner-School. As per the Government regulations and directions, the School has to be re-opened on 07.06.2017. But there was inaction on the part of the respondents in not considering the said application for upgradation of the School upto 12th Std, and hence, the petitioner has approached this Court by way of filing the present Writ Petition for the above said prayer.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

4. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel appearing on either side, this Court, without going into merits of the case, directs the first respondent to consider the application made by the petitioner dated 24.02.2016, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Since the said application was given as early as on 24.02.2016, the petitioner is directed to furnish a copy of the same as early as possible, to the respondents for consideration of the same.

5. This Writ Petition is disposed of accordingly. No Costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar srn

To

1. The Director of Matriculation Schools, College Road, Nungambakkam, Chennai.

2. The Inspector of Matriculation Schools, Near Rangaswamy kolum, Kancheepuram.

+1 cc to M/s.S.Sathyanarayanan Advocate sr 40969 +1 cc t the Government Pleader sr 40755 W.P.No. 14152 of 2017 ad(co) aa14/06/2017