Sri Venkateswara Matriculation v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.18129/2014 Sri Venkateswara Matriculation School rep. By its Correspondent Mr.O.R.Kothandapani

...Petitioner

Versus

1. State of Tamil Nadu.

Rep.by its Secretary School Education Department Fort St George, Chennai 600 009.

2. The Director of Matriculation Schools College Road, Nungambakkam Chennai 600 006.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent herein to expeditiously consider the petitioner's representation dated 28.03.2014 and pass appropriate orders and consequently direct the 1st respondent to grant the minority status on linguistic basis to the petitioner.

For Petitioner :

Mr.Srinath Sridevan For Respondent :

Mr.S.Gunasekaran, GA

ORDER

Heard Mr.Srinath Sridevan, learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing for the respondents and perused the materials placed on record. 2.The petitioner seeks for issuance of a writ of mandamus to direct the respondent to consider the representation dated 28.03.2014 made by the petitioner for grant of Linguistic Minority Status to the petitioner School.

3.The petitioner/School was recognized by the Director of School Education and the Director of Matriculation Schools, Chennai vide various proceedings, the last of which is dated 22.03.2011. The said school is governed and managed by Smt.Krishnaveni Educational and Charitable Trust, Walajapet, which was formed to promote the education, social development and welfare of the Telugu speaking minority students. The Trustees of the said Trust do belong to the Telugu Gavarai Community. While so, the petitioner / school submitted an application to the 2nd respondent on 17.09.2012 to grant the linguistic minority status to the petitioner/school along with necessary documents. The Inspector of Matriculation Schools, made a spot inspection of the petitioner/school on 04.02.

2013 and submitted a report recommending the grant of linguistic minority status to the said school. On 15.07.2013, the 2nd respondent herein had called for additional documents from the Inspector of Matriculation Schools and the same has been duly provided on 11.09.2013. Since there was no response from the 2nd respondent herein, the petitioner/school again made a representation on 18.09.2013 seeking the very same relief. Since there was inaction on the part of the 2nd respondent, the petitioner/school again sent representations to the 2nd respondent on various dates, the last being on 28.03.2014. Since the said representations did not evoke any response from the 2nd respondent, the petitioner has been left with no other alternative, except to approach this Court by way of filing the present petition. 4.

Considering the fact that the petitioner's request is pending with the 2nd respondent since 28.03.2014, without going into the merits of the petitioner's contentions, there will be a direction upon the 2nd respondent to consider the same in accordance with law after affording an opportunity of hearing to the petitioner/School and pass appropriate orders as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(LA) //True Copy// Sub Assistant Registrar AP To

1. The Secretary State of Tamil Nadu School Education Department Fort St George, Chennai 600 009.

2. The Director of Matriculation Schools College Road, Nungambakkam Chennai 600 006.

1 CC to Mr.Srinath Sridevan, Advocate SR.No. 8302 1 CC to the Government Pleader, SR.No. 8389 WP.No.18129/2014 BR(CO) PSI (26.02.2015)