Sri Aiyaswami Aiyar High v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2021
CORAM:
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.31266 OF 2016 Sri Aiyaswami Aiyar High School, Rep. by its Correspondent, Mr.V.L.Narasimhan.
... Petitioner .Vs.
1. The State of Tamil Nadu, Rep by its Secretary, Department of Education, Secretariat, Fort St. George, Chennai - 600 009,
2. The Joint Director of School Education (Secondary), Directorate of School Education Department, College Road, Chennai - 600 006.
3. The Chief Educational Officer, School Education Department, Kancheepuram Town and District, Kancheepuram - 631 501.
4. The District Educational Officer, Office of the DEO-Chengalpattu District, Chengalpattu - 603 001.
... Respondents PRAYER:- This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 12.05.2016 within the stipulated time and grant permanent recognition to the Sri Ayyaswamy Aiyar High School Chromepet from I to X standards of as one recognition. For Petitioner : Mr.P.Thiagarajan For Respondents : Mr.K.M.D.Muhilan (for R3 & R4) Government Advocate
O R D E R
The relief sought for in the present writ petition is to direct the second respondent to consider the petitioner's representation dated 12.05.2016 within the stipulated time and grant permanent recognition to the Sri Ayyaswamy Aiyar High School, Chromepet, from I to X standards of as one recognition.
2. The grievances of the writ petitioner is that the authorities are not considering for grant of permanent recognition to run the High School. The learned counsel for the petitioner reiterated that the procedure for grant of recognition are enumerated in various Government Orders and the authorities competent are bound to follow the procedures and grant permanent recognition to the petitioner School.
3. Per contra, the learned Government Counsel appearing on behalf of the respondents relying on the counter statement has stated that the Government reviewed the policy of granting permanent recognition subsequent to the untoward incident that occurred in a School at Kumbakonam. Every once in three years, the recognition has to be renewed by conducting an inspection of the facilities and infrastructures provided in the school. Such being the policy situation, the petitioner school is to get the recognition renewed once in three years. The position in this regard are enumerated in the counter in paragraph Nos.10, 11 and 12, which are extracted hereunder.
10. It is further submitted that the petitioner's school has applied for recognition from 1990 every three years and the school has been recognized by various proceedings of the Chief Educational Officer, Kancheepuram and the last recognition upto 31.5.2015 was also sanctioned by the Fourth Respondent herein and the petitioner had applied for permanent recognition on 27.4.2015 instead of applying for renewal of recognition for three years from 1.6.2015. the petitioner had relied upon the Government Orders No.752 dated 2.9.1994.
11. In this connection it is submitted that the said Government Order relied upon the petitioner to award permanent recognition cannot be considered in this case. It is submitted that in the earlier days three was high need for education among society and people were made to travel very long distances to get education and hence private schools were allowed to be opened since the
government could not open schools in all villages. Hence the schools which were fully equipped with all learning materials and infrastructure facilities and buildings were given permanent recognition to run the schools. It is humbly submitted that in the present days, Nursery and Primary Schools, Matriculation schools and self finance aided schools were opened in all places and people take over their education without travelling long distances. Even many schools were opened in many places without proper recognition. It is submitted that after the Kumbakonam incident on 16.7.2004 in which 93 school children were burnt to death, in 2004 the government constituted a committee under the chairmanship of Retired High Court Judge Hon'ble Justice Thiru.
Sampath to streamline the procedures and safely to be followed for the opening and running of schools. In the meanwhile it was found that the said Nursery and Primary School where such incident took place was run in a narrow building for which no proper stability was obtained and it was also run in a thatched shed which led to the fire accident. It is submitted that the Government vide G.O.Ms.No.123, School Education Department dated 14.9.2004 has amended the Rule 6 of the Tamil Nadu Recognized Private Schools (Regulation) Act 1973 (Tamil Nadu Act 29 of 1974) Rule 6 (1) (f) Structural stability certificate from the Engineers of Public Works.
Department/Chartered Engineers (From the Engineers of in the panel of qualified and registered Engineers maintained by the District Collectors) in accordance with the Tamil Nadu Public Buildings (Licensing) Act 1965 (Tamil Nadu Act 13 of 1965) is obtained.
g) adequate sanitary facilities separately for teacher and pupils (boys/girls separately) and a certificate to that effect is obtained from the local Health Authority.
h) No objection certificate from the State Officer, Fire and Rescue services Department in the area where the school is situated is obtained. Provided that no thatched structure shall be in the school premises".
(2) In rule 9 in sub-rule (2) for clause (a) the following clause shall be substituted namely:- i) produce a license permitting the use of the school building as public building under the Tamilnadu Public Buildings (Licensing) Act 1965 (Tamil nadu Act 13 of 1965) ii)produce the structural stability certificate from the engineers of Public Works Department/Chartered Engineers (From the Engineers in the Panel of qualified and registered Engineers maintained by the District Collectors) in accordance with the Tamilnadu Public Building (Licensing) Act, 1965 (Tamil Nadu Act 13 of 1965) iii)provide adequate sanitary facilities separately for the teachers and pupils (boys/girls separately) and produce a certificate to that effect obtained from the Local Health Authority.
iv)Produce a no objection certificate from the Station Officer, Fire and Rescue services department the are where the school is situated provided that no thatched structure shall be in the school premises.
12. It is submitted that as per Tamil Nadu Educational Rules which applies to all schools under all managements, recognized by the Government in the Educational Department in a variety of classification of schools are classified as follows and separate Directors are assigned with the jobs relating to the schools:-
1. The Director of School Education, in respect of Secondary (High) and Higher Secondary Schools and Anglo Indian Schools.
2. The Director of Elementary Education in respect of Pre Primary Nursery and Primary and Middle schools
3. The Director of Matriculation Schools in respect of Matriculation Schools.
4. Director of Teacher Education, Research and Training in respect of Teacher Training Institutions.
5. Director Government Examinations.
It is further submitted that the petitioner's school under classes 1 to 5 come under the name of Aiyaswami Aiyer Elementary School, Chrompet, Chennai and come under the control of Director of Elementary Education, Chennai 6 and grant in aid is given by the Assistant Elementary Education Officer, Chitlapakkam. The classes run by the petitioner from 6 to 10 come under the Control of Director of School Education, Chennai 6 and grants in aid is sanctioned by the Fourth Respondent herein. Hence the school which was started as Primary school in 1957 by the petitioner as Aiyaswamy Aiyar Elementary School, Chrompet with permanent recognition is still run under permanent recognition and the petitioner is bound to obtain only temporary recognition for the classes started in high school, i.e. 6 th every three years.
Hence the petitioner's plea was not considered for permanent recognition due to reasons in the aforesaid paragraphs.
th to 10
4. This Court is of the considered opinion that recognition of the school has to be granted strictly in accordance with the Tamil Nadu Private Schools (Regulation) Act and Rules. The government guidelines regarding the infrastructures to be provided are also to be followed scrupulously without any deviation and therefore, the case of the petitioner has also to be considered with reference to the rules in force. The writ petition is filed in the year 2016 and and the period of three years has already lapsed. Thus, if any application is filed by the petitioner, then the said application is to be considered by the respondents, strictly in accordance with the provisions of the Act and rules and guidelines issued by the Government from time to time.
5. With these observations, the writ petition stands disposed of. No Costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar
ars To
1. The Secretary, State of Tamil Nadu, Department of Education, Secretariat, Fort St. George, Chennai - 600 009.
2. The Joint Director of School Education (Secondary), Directorate of School Education Department, College Road, Chennai - 600 006.
3. The Chief Educational Officer, School Education Department, Kancheepuram Town and District, Kancheepuram - 631 501.
4. The District Educational Officer, Office of the DEO-Chengalpattu District, Chengalpattu - 603 001.
+1cc to Mr.P.Thiagarajan, Advocate, S.R.No.48351 +1cc to the Government Pleader, S.R.No.49083 W.P.NO.31266 OF 2016 CP(CO) PBS/07/10/2021