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Madras High CourtWP/12951/2018disposed of

Cauvery Matriculation School, v. The Director Of Matriculation

2018-05-31Honourable Mr Justice S. Baskaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.05.2018

CORAM

THE HONOURABLE MR. JUSTICE S. BASKARAN Writ Petition Nos.12951 to 12961 of 2018 CAUVERY MATRICULATION SCHOOL NO.1/560 MCN NAGAR EXTN THURAIPAKKAM CHENNAI-97 REP. BY ITS CORRESPONDENT MR.

KALLIKUDI KARIKALAN ... PETITIONER in WP No.12951 of 2018 ROYAL MATRICULATION SCHOOL ARS NAGAR 1ST CROSS KAVERIPATTINAM KRISHNAGIRI DISTRICT-635 112 REP. BY ITS MANAGING TRUSTEE S.A.ANWAR ... PETITIONER in WP No.12952 of 2018 GOOD SHEPHERD MATRICULATION SCHOOL NO.64 5TH STREET VELAN NAGAR CHENNAI-87 REP. BY ITS PRINCIPAL P.K.JOHN.

... PETITIONER in WP No.12953 of 2018 SHREE VIDYAALAYAA MATRICULATION SCHOOL NO.4 2ND STREET SSARASWATHIPURAM CHROMPET CHENNAI-44 REP.

BY ITS CORRESPONDENT MS.K.USHA D/O.LATE.T.S. KRISHNAMURTHY ... PETITIONER in WP No.12954 of 2018 BHARATHA VIDYALAYA MATRICULATION SCHOOL OLD MAHABALIPURAM ROAD THANDALAM THIRUPORUR-603 110 REP. BY ITS CORRESPONDENT K.BALASUBRAMANIAN ... PETITIONER in WP No.12955 of 2018 MOTHER MATRICULATION SCHOOL NO.16/320 ELANGO STREET KAIVELI SRINIVASA NAGAR PALLIKARANAI CHENNAI-100 REP. BY ITS CORRESPONDENT T.SREETHARAN ... PETITIONER in WP No.12956 of 2018 A.V.G. VIDYALAYA MATRICULATION SCHOOL NO.2814 PERIYAR E.V.R. ROAD KOVILAMBAKKAM CHENNAI-129 REP. BY ITS CORRESPONDENT MRS.G.KAMALAPATHY ... PETITIONER in WP No.12957 of 2018

LYDIA MATRICULATION SCHOOL 4/98 KRISHNA NAGAR KASPAPURAM CHENNAI-126 REP. BY ITS CORRESPONDENT C.DAVID WILSON ... PETITIONER in WP No.12958 of 2018 TAGORE MATRICULATION SCHOOL NO.2/212 ELUMALAI SALAI NANMANGALAM CHENNAI-129 REP. BY ITS CORRESPODNENT MR.J. NEMIDOSS ... PETITIONER in WP No.12959 of 2018 ZIGMA MATRICULATION SCHOOL VEERABATHRA NAGAR MEDAVAKKAM CHENNAI-100 REP. BY ITS CORRESPONDENT PROF.A.SINGARAVELU ... PETITIONER in WP No.12960 of 2018 A.P.N.VIDHYALAYA MATRICULATION SCHOOL PLOT NO.4 5 & 6 VALLIAMMAI STREET SRI MOOGAMBIGAI NAGAR VENBAKKAM VILLAGE VARANAVASI-631 604 REP. BY ITS CORRESPONDENT MRS.N.KARPAGAM ... PETITIONER in WP No.12961 of 2018 Vs.

The Director of Matriculation Schools DPI Campus, College Road Chennai - 600 006.

... 1st Respondent in all WPs The Inspector of Matriculation Schools, Kancheepuram Region Kancheepuram.

... 2nd Respondent in WP.12951 & 12954 to 12961 to 2018 The Inspector of Matriculation Schools, Krishnagiri, Krishnagiri District.

.. 2nd Respondent in WP.12952/18 The Inspector of Matriculation Schools, Tiruvallur Region, Tiruvallur District.

.. 2nd Respondent in WP.12953/18 Common Prayer in W.P. Nos.12951 to 12961 of 2018 :- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pass orders for upgradation of petitioner school with additional standards based on the proposal submitted

by the petitioner school dated 07.03.2018, 28.03.2018, 03.04.2018, 19.04.2018, 09.03.2018, 20.03.2018, 12.03.2018, 05.03.2018, 14.03.2018, 12.03.2018 & 03.03.2018 respectively without insisting minimum land area in terms of paragraph 4(i), (ii) & (x) of G.O. Ms. No. 175 School Education Department dated 20.07.2017 within a time frame to be fixed by this Court. For Petitioner : M/s. G. Sankaran in all WPs.

For Respondent : M/s.K. Karthikeyan in all WPs.

Government Advocate C O M M O N O R D E R The relief sought for in these writ petitions is seeking for a direction to the respondents to pass orders for upgradation of petitioner schools with additional standards based on the proposal submitted by the petitioner schools dated 07.03.2018, 28.03.2018, 03.04.2018, 19.04.2018, 09.03.2018, 20.03.2018, 12.03.2018, 05.03.2018, 14.03.2018, 02.03.2018 and 03.03.2018 respectively, without insisting minimum land area in terms of paragraph 4(i), (ii) & (x) of G.O. Ms. No. 175 School Education Department dated 20.07.2017 within a time frame to be fixed by this Court.

2.

Mr. K. Karthikeyan, the learned Government Advocate takes notice on behalf of the respondents. By consent, the Writ Petitions are taken up for final disposal at the stage of admission itself.

3. The grievance of the petitioners is that though the petitioner schools are entitled for upgradation with additional standards by taking into consideration the fact that the schools are having the required building space for students and teachers for upgradation as per the Government order, the application submitted by the petitioner schools for upgradation of schools with higher standards have not been considered by the respondents.

4. The learned counsel for the petitioner schools would submit that they have submitted representations to the first respondent in this regard and orders are yet to be passed on those representations. Hence, requested this Court to direct the first respondent to pass orders on their representations.

5. Considering the limited scope of prayer sought for by the learned counsel for the petitioner schools, the first respondent is directed to consider the representation submitted by the petitioner schools dated 07.03.2018, 28.03.2018, 03.04.2018, 03.04.2018, 09.03.2018, 20.03.2018, 12.03.2018, 05.03.2018, 14.03.2018, 02.03.2018 and 03.03.2018 respectively and pass orders on merits, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. All the Writ Petitions are disposed of, with the above directions. No order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar avr/ ub To

1. The Director of Matriculation Schools DPI Campus, College Road Chennai - 600 006.

2. The Inspector of Matriculation Schools, Kancheepuram Region Kancheepuram.

3. The Inspector of Matriculation Schools, Krishnagiri, Krishnagiri District.

4. The Inspector of Matriculation Schools, Tiruvallur Region, Tiruvallur District.

+1cc to Mr.G.SANKARAN, Advocate, S.R.No. 34397 +1cc to the Government Pleader, S.R.No.34428 W. P. Nos.12951 to 12961 of 2018 TR(05/06/2018)