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Madras High CourtWP/19259/2021disposed of

The Correspondent v. The Commissioner Of School Education

2021-09-21Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.19259 OF 2021 The Correspondent, Mano Vidyalaya Nursery & Primary School, Kuppam Main Road, Sethiyathope - 608 702, Bhuvanagiri Taluk, Cuddalore District.

... Petitioner .Vs.

1. The Commissioner of School Education, College Road, Nungambakkam, Chennai - 600 034.

2. The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 034.

3. The Chief Educational Officer, Cuddalore.

4. The District Education Officer, Vadalur, Cuddalore District.

... Respondents PRAYER:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 4th respondent to grant permission to the petitioner school upgrading from Nursery and Primary School (LKG to V standard) to a Middle School (upto 8th standard) by considering the application dated 29.12.2018 within a time frame to be fixed by this Court.

For Petitioner : Mr.D.Baskar For Respondents : Mr.A.Selvendran Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the 4th respondent to act upon the application submitted by the petitioner School on 29.12.2018, wherein, the petitioner has sought for upgradation of the School into a Middle school.

2. The case of the petitioner is that the Nursery and Primary School was started in the year 1999 after getting due permission/recognition from the respondents. Thereafter, the petitioner made an application on 29.12.2018 seeking for upgradation of the School from Primary to Middle School. The grievance of the petitioner is that all the necessary documents have already been submitted before the 4th respondent and in spite of the same, it has not been acted upon and left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions. The further case of the petitioner is that the 4th respondent has already granted recognition for the primary school through proceedings dated 23.09.2020.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and also the fact that the application is already pending before the 4th respondent, there shall be a direction to the 4th respondent to deal with the application and the documents submitted by the petitioner in line with G.O.Ms.No.175 dated 20.07.2017 and take a decision within a period of four weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the 4th respondent along with all relevant documents and also a copy of this order.

6. This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar RR

To 1.

The Commissioner of School Education, College Road, Nungambakkam, Chennai - 600 034.

2.

The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 034.

3.

The Chief Educational Officer, Cuddalore.

4.

The District Education Officer, Vadalur, Cuddalore District.

+1cc to Mr.D.Baskar, Advocate, S.R.No.48469 +1cc to the Government Pleader, S.R.No.48534 W.P.NO.19259 OF 2021 SR-II(CO) PBS/12/10/2021