Salvation Matric Hr.Sec. v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.36324, 36329, 36333, 36331, 36332, 36325,36326,36327,36328,36330 of 2016, 2218, 2220, 2221, 2223, 2224, 2225, 2226, 2219, 2222 of 2018, 893, 899, 896, 904, 908, 911, 912, 902, 5868, 11465, 11625, 28140, 28145, 28148, 28152, 28156, 28143, 28149, 28154, 28160, 28169, 28161, 28168, 28172, 28173, 28243, 28163, 28165, 28175 of 2019 & W.M.P.Nos.31218, 31216, 31213, 31214, 31217, 31221, 31220, 31219, 31222, 31215 of 2016, 2716, 2717, 2718, 2720, 2722, 2723, 2721, 2724, 2719 of 2018 , 1022, 1004, 1008, 1011, 1013, 1015, 1001, 1019, 11863, 27789, 27793, 27797, 27799, 27808, 27794, 27798, 27806, 27819, 27827, 27811, 27815, 27820, 27915, 27825, 27829, 27831, 27833 of 2019 Salvation Matric Hr. Sec. School No.1, Salvation Avenue, Thirumullaivoyal, Chennai- 62.
Mrs.Rekha Manoharan
...Petitioner in WP No.36324 of
Shanthosh Vidyalaya Matric Hr. Sec. School No.9, Gangai Street, Balaji Nagar, Tambaram East, Chennai-59.
Mr.G.Michael
...Petitioner in WP No.36329 of 2016
Sri Ramji Matric Hr. Sec. School Ganapathypuram & Po., Kanyakumari District Mr.T.Balakrishnan
...Petitioner in WP No.36333 of 2016
Brotherhood Matric Hr. Sec. School No.3/387, Kasura Gardens, Neelangarai, Chennai-41.
Mr.S.Appoline Fernando
...Petitioner in WP No.36331 of
Uma Matric Hr. Sec. School Alwarcoil Neyyoor Post,
Kanyakumari District - 629 802.
K.Mahadevan ...Petitioner in WP No.36332 of 2016 Sri Venkateswara Matriculation Hr. Sec. School 46/3, East Tank Road, Thiruvallur - 602 001.
Mr.N.Venkatesan
...Petitioner in WP No.36325 of
St.Francis De Sales Matric. Hr. Sec. School S.F.S. Nagar, Mallanginar Road, Virudhunagar - 626 001.
Rep. by its Principal Rev. Fr. S.Britto
...Petitioner in WP No.36326 of 2016
Hari Sree Matric Hr. Sec. School, Thachoor, Thiruvattar, Kanyakumari District.
Mr.T.K.Madhavan
...Petitioner in WP No.36327 of
M.S.R Matric Hr. Sec. School, Vanni Velambatti Road, T.Kallupatti, Peraiyur, Madurai- 625 702.
Dr.R.Muthukrishnan ...Petitioner in WP No.36328 of 2016 S.F.S Matric Hr. Sec. School, No.28, Kalif Nagar, Maruppani Road, Pudukottai- 622 001 Chennai-41.
Rep. by its Principal Rev. Fr. Arul Francis
...Petitioner in WP No.36330 of
Rose Mary Matric Higher Secondary School, No.1A, Punitha Vathiyar Street, Palayamkottai - 627 002 Tirunelveli District.
Rep. by its Director Jairus Ponniah.
...Petitioner in WP No.2218 of 2018
New Little Flower Matric Hr. Sec. School, Nadwa Nagar, Shoolagiri-635 117.
Rep. by its Administrator Mr.Juned Uzzama.
...Petitioner in WP No.2220 of 2018
Keren Matric Hr. Sec. School, Madurai Main Road, K.Puliankulam Checkanurani, Madurai - 625 514.
Mr.P.Thiagarajapandian.
...Petitioner in WP No.2221 of
Vivekananda Balamandir Matriculation School Attayampatty, Salem District - 637 501.
Dr.S.Chandrasekaran
...Petitioner in WP No.2223 of
S.S.M.Lakshmiammal Matric Hr. Sec. School, No.161, Bypass Road, Kumarapalayam - 638 183.
Namakkal District.
Rep. by its Principal A.Parthiban.
...Petitioner in WP No.2224 of 2018
Green Valley Matric Hr. Sec. School, No.2, Kalamegam Salai, Mogappair West, Chennai - 600 037.
Mr.Jacob Dharmaraj.
...Petitioner in WP No.2225 of
Royal Matriculation School, A.R.S. Nagar, 1st Cross, Kaveripattinam, Krishnagiri District - 635 112.
Rep. by is Founder S.A.Anwar.
...Petitioner in WP No.2226 of 2018
Calvary Matric Hr. Sec. School Kolvel, Thiruvarambu - 629 161 Kanniyakumari District Miss.J.B.Blessy Litta.
...Petitioner in WP No.2219 of
Sri Vidya Mandir Matric Hr. Sec. School, Kattur Main Road, Rasipuram, Namakkal - 637 408.
Dr.K.Kumarasamy.
...Petitioner in WP No.2222 of 2018
Royal Matric Hr. Sec. School
CISF Road, Ananthapuram, Arakkonam - 631 151.
Vellore District.
Ms.A.R.Balkhees Begum.
...Petitioner in WP No.893 of
Saraswathi Vidyalaya Matric Hr. Sec. School, Vidya Nagar, Kaveripakkam - 632 508, Vellore District.
Mr.H.Krishnanlal.
...Petitioner in WP No.899 of 2019
Annai Saradha Matriculation School, Kalavai Road, Arcot-632 503.
Vellore District.
Mr.S.Umasankar
...Petitioner in WP No.896 of
Bharathidhasanar Matriculation Hr. Sec. School, Near TNHB, Jothinagar Post, Arakkonam - 631 003.
Mr.J.Deivasigamani.
...Petitioner in WP No.904 of
Sri Saraswathi Matric Hr. Sec. School, Thirumalpur Road, Reddivalam Village, Panappakkam Post, Vellore District - 631 052. Mr.E.Subramani.
...Petitioner in WP No.908 of 2019
S.M.S.Vimal Matric Hr. Sec. School, Tiruttani Road, Arakkonam - 631 003.
Mrs.Vimala Thirumalai. ...Petitioner in WP No.911 of 2019 Vivekanandha Matric Hr. Sec. School, Sayanapuram, Nemili, Arakkonam Taluk, Vellore District 631 051.
Ms.P.Vijaya.
...Petitioner in WP No.912 of 2019
Anne Marie Matric Hr. Sec. School, Thiruparkadal, Walaja Taluk, Vellore District - 632 508.
Sr.Fatima Kalavathi.
...Petitioner in WP No.902 of
All India Private Educational Institutions Association Rep. by its State General Secretary K.Palaniyappan, No.5, M.P.Avenue, Majestic Colony, Saligramam, Chennai.
...Petitioner in WP No.5868 of
The Tamil Nadu Nursery Primary Matriculation Higher Secondary Schools Association Rep. by its State Secretary Mr.K.R.Nandakumar, S/o.Ramachandran Having office at No.6, Egambaram St., Pammal, Chennai - 600 075.
...Petitioner in WP No.11465 of 2019
Punjab Association Rep. by its General Secretary Mr.Ramesh Lamba, New No.97, Old No.46, V.M.Street, Royapettah, Chennai - 600014.
...Petitioner in WP No.11625 Of 2019
Bharathi Matriculation Higher Secondary School, Mr.R.Anbalagan, Main Road, Bhuvanagiri - 608 601 Cuddalore District. ...Petitioner in WP No.28140 of 2019 V.P.S.Matriculation School, Mr.C.S.Senthil, 410, East Pondy Road, Maharajapuram, Villupuram District - 605 602.
...Petitioner in WP No.28145 of 2019
Venus Matriculation Higher Secondary School Mr.S.Kumar, Govindasamy Street, Thilai Nagar, Chidambaram - 608 001 Cuddalore District.
...Petitioner in WP No.28148 of
Infant Preparatory Matriculation Higher Secondary School
Smt.Vijayakumari, Periyar Nagar, Virudhachalam - 606 001.
Cuddalore District.
...Petitioner in WP No.28152 of
St. Joseph Matriculation Higher Secondary School, Mr.V.A.Theresnathan Pettai Main Road, Aalampoondi, Gengee Taluk, Villupuram District.
...Petitioner in WP No.28156 of
Rathana Matriculation Higher Secondary School, Mr.M.Ramakrishnan, Panrutti, Cuddalore District.
...Petitioner in WP No.28143 of
Thava Amutham Matriculation Higher Secondary School, Sri Meivazhi Salai Sengole Srimushnam (Post) - 608 703 Cuddalore District.
...Petitioner in WP No.28149 of
Mount Carnel Mission Matriculation Higher Secondary School, Mr.Philomin Doss, Kallakkurichi, Villupuram District - 605 602.
...Petitioner in WP No.28154 of 2019
S.D.Eaden Matriculation Higher Secondary School, Mrs.T.Sugirtha Stella, Vadalur, Cuddalore District.
...Petitioner in WP No.28160 of 2019
Saraswathi Matriculation Higher Secondary School,
Mr.M.Rajasekaran No.20, Thiru.Vi.Ka. Salai, Villupuram District-605 201.
...Petitioner in WP No.28169 of 2019
R.R.Matriculation Higher Secondary School, Sri.R.Radhakrishnan, Jayalakshmi Nagar, Nellikuppam, Cuddalore Distrit.
...Petitioner in WP No.28161 of 2019
Nithyanandha Matriculation Higher Secondary School, Mr.S.P.Nithiyanandham Trichy-Chennai Main Road, Villupuram District-605 602.
...Petitioner in WP No.28163 of 2019
Jawahar Matriculation Higher Secondary School Mr.M.S.Priyanka By-Pass Road, B.Mutlur 608 501, Cuddalore District. ...Petitioner in WP No.28165 of 2019 Krishnaswamy Memorial Matriculation Higher Secondary School, Dr.K.Rajendran, 112, Nellikkuppam Main Road, Cuddalore - 607 001.
Cuddalore District. ...Petitioner in WP No.28168 of 2019 St. Paul's Matric School Mr.A.Paul Ranganathan, Magalampettai - 606 104.
Cuddalore District.
...Petitioner in WP No.28172 of
Musthafa Matriculation Higher Secondary School, Anwar Ali, S.M.M., Pallippadai, Chidambaram, Cuddalore District.
...Petitioner in WP No.28173 of 2019
Sri Venkateswara Matriculation School Mr.C.Govindan
Nappaliah Street, Villupuram District - 605 602.
...Petitioner in WP No.28175 of 2019
Thiruvalluvar Matriculation Higher Secondary School, Sri R.Seran, No.1, Raman Street, Vizhamangalam, Panrutti - 607 106 Cuddalore District.
...Petitioner in WP No.28243 of
Vs 1.The State of Tamil Nadu, Rep by its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600009.
2.The Director of Matriculation Schools, DPI Campus, College Road, Chennai - 600006.
...Respondents 1 & 2 in WP Nos.36324 to 36333 of 2016,
2218 to 2226 of 2018, 893, 899, 896, 904, 908, 911, 912 & 902 of 2019, 28140, 28145, 28148, 28152 & 28156 of 2019, 28143, 28149, 28154, 28160, 28169 of 2019, 28161, 28163, 28165, 28168, 28172, 28173, 28175 & 28243 of 2019 3.The Director of School Education, DPI Campus, College Road, Chennai - 6.
4.Director of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai - 6.
(Respondents 3 & 4 Suo Moto in W.P.Nos.36324 to 36333 of 2016 by NKKJ)
...Respondents 3 & 4 in
WP Nos.36324 to 36333 of 2016 The Chief Educational Officer, Vellore District.
...3rd Respondents in WP Nos.893, 896, 908, 911, 912 & 902 of 2019 1.The Secretary, Department of School Education,
Fort St.George, Chennai - 600 009.
2.The Director of School Education, DPI Compound, College Road, Chennai - 600 006.
3.The Director of Matriculation Schools, College Road, Chennai-6.
4.The Director, Office of the Directorate of Elementary Education, DPI Complex, College Road, Chennai - 6.
...Respondents 1 to 4 in
WP Nos.5868 & 11465 of 2019 1.The Government of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
2.The Director of School Education, DPI Compound, College Road, Chennai - 600 006.
3.The Director of Matriculation Schools, Directorate of Matriculation Schools, DPI Campus, College Road, Chennai-6.
...Respondents 1 to 3 in WP Nos.11625 of 2019
Common Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or any other appropriate Writ, Order or Direction in the nature of Writ directing Respondents to pass orders for grating permanent recognition to the Petitioners' recognized Matriculation Schools under the provisions of Matriculation Code based on G.O.Ms.No.752 Education, Science and Technology Department dated 02.09.1994 and other subsequent Government orders. Whithin a time frame to be fixed by this Hon'ble Court respectively.
Prayer in WP No.5868 of 2019 : Writ Petition filed under Article 226 of the Constitution of India, praying the for a Writ of Mandamus directing the respondents to consider in granting Permanent Recognition to all Petitioner Associated Schools Instead of Granting Temporary Recognition based on the petitioner's representation dated 14.12.2018 as the said grant of Temporary Recognition is Unconstitutional and against their own statues.
Prayer in WP No.11465 of 2019 : Writ Petition filed under Article 226 of the Constitution of India, praying the Writ of Mandamus directing the respondents to grant permanent recognition to all the schools associated with the Petitioner Association instead of granting Temporary Recognition or for restricted period of recognition by considering petitioner Association's representations dated 31.08.2016 and 09.12.2016. Prayer in WP No.11625 of 2019 : Writ Petition filed Under Article 226 of the Constitution of India, praying the Writ of Mandamus directing the 3rd Respondent to grant permanent recognition to the schools run by the Petitioner Association under Section 11 of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973.
For Petitioner :
M/s.G.Sankaran For Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Government Advocate
O R D E R
The relief that has been sought for in all these writ petitions filed by various institutions pertains to invoking Go.Ms.No. 752 dated 02.09.1994 whereby the institutions are seeking for grant of permanent recognition on satisfying the requirements as stipulated in the Government order.
2. The second respondent has filed a counter affidavit in all these writ petitions. The stand taken by the second respondent is that the Government order in question was issued in the year 1994 and subsequently, various incidents had taken place and several Government orders were passed and therefore, the Go.Ms.No.752 dated 02.09.1994 has become otiose.
3. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.
4. The only reason why the petitioners have approached this Court is by virtue of Go.Ms.No.752, 02.09.1994, being in force. A careful reading of all the subsequent Government orders that were brought to the notice of this Court by the learned Additional Advocate General appearing on behalf of the respondents shows that there is absolutely no reference to Go.Ms.No. 752 in any of the subsequent Government orders. In view of the same, it cannot be assumed that Go.Ms.No.752 has been subsumed by the later Government orders.
5. In view of the above, all these writ petitions are disposed of with a direction to the respondents to give effect to the Government order in Go.Ms.No.752 dated 02.09.1994 till it is kept in force. A decision shall be taken in this regard by the 2nd respondent within a period of 6 weeks from the date of receipt of the copy of this order.
6. All these writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar Sha To 1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600009.
2.The Director of Matriculation Schools, DPI Campus, College Road, Chennai - 600006.
3.The Director of School Education, DPI Compound, College Road, Chennai - 600 006.
4.The Director of Elementary Education, DPI Campus, College Road, Nungambakkam, Chennai - 6.
5.The Chief Educational Officer, Vellore District.
+2ccs to Mr.A.Jenasenan, Advocate SR.No.48849 +1cc to Mr.G.Sankaran, Advocate SR.No.49154 +1cc to the Government Pleader SR.No.49065
W.P.Nos. 36324, 36329, 36333, 36331, 36332, 36325,36326,36327,36328,36330 of 2016, 2218, 2220, 2221, 2223, 2224, 2225, 2226, 2219, 2222 of 2018, 893, 899, 896, 904, 908, 911, 912, 902, 5868, 11465, 11625, 28140, 28145, 28148, 28152, 28156, 28143, 28149, 28154, 28160, 28169, 28161, 28168, 28172, 28173, 28243, 28163, 28165, 28175 of 2019 & W.M.P.Nos. 31218, 31216, 31213, 31214, 31217, 31221, 31220, 31219, 31222, 31215 of 2016, 2716, 2717, 2718, 2720, 2722, 2723, 2721, 2724, 2719 of 2018 , 1022, 1004, 1008, 1011, 1013, 1015, 1001, 1019, 11863, 27789, 27793, 27797, 27799, 27808, 27794, 27798, 27806, 27819, 27827, 27811, 27815, 27820, 27915, 27825, 27829, 27831, 27833 of 2019 RR(CO) RVM(27/10/2021) KKV/17/11/2021