Madras High CourtWP/16365/2022disposed of

J.Swarna v. The State Of Tamil Nadu

2022-07-06Honourable Mr Justice D. Krishnakumar3 pages

D. KRISHNAKUMAR, J.

This matter is posted today under the caption " being mentioned", at the instance of the learned counsel for the petitioner.

2. In the order passed by this Court in W.P.16365 of 2022 dated 06.07.2022, at paragraph No.3, it is observed as follows. " 3. ... It is further submitted that if any action being taken by the respondents 5 and 6, the same will be forwarded to the educational authorities for approval before imposition of any punishment as against the petitioner and after that only, it will be given effect to."

3. It is pointed out by the learned counsel appearing for the petitioner that the 5th respondent School is a minority institution and hence, before imposing punishment, there is no need to get prior approval by the institution from the educational authorities and only after passing final decision, it will be forwarded for approval. Therefore, to that extent, he seeks for clarification.

4. The learned Additional Government Pleader appearing for the respondents 1 to 4 has also admitted that the respondent School is a minority institution, and therefore, no approval from the educational authorities is required, before imposing punishment.

5. Accordingly, paragraph No. 3 of the order passed in W.P.16365 of 2022 dated 06.07.2022 is modified and shall read as follows:- " At this stage, Mr.L.Chandrakumar, learned counsel for the respondents 5 and 6 has stated before this Court that the explanation of the petitioner for the memo issued by the respondents will be considered by the respondents 5 and 6, but so far no disciplinary action has been taken against the petitioner and if any disciplinary action is initiated, the respondents will follow the guidelines and procedures stipulated under the Tamil Nadu Recognized Private Schools Regulations Rules, 1974. It is further submitted that, if any final order being passed by the respondents 5 and 6, imposing punishment as against the petitioner, the same will be forwarded to the educational authorities for approval and after that only, it will be given effect to."

6. In other respects, the earlier order passed by this Court in W.P.No.16365 of 2022 dated 06.07.2022, shall stand unaltered. 10.08.2022 mst Note: Registry is directed to issue a fresh order copy, after making necessary corrections.

D.KRISHNAKUMAR, J mst 10.08.2022