Saraswathi Arivalayam High v. The Director Of Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.03.2018
CORAM
THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.1479 of 2018 and WMP.No.7588 of 2018 Saraswathi Arivalayam High School rep. by its Correspondent P.Arivoli .. Petitioner vs
1. The Director of Government Examinations College Road, Nungambakkam, Chennai-600 006.
2. The Director of School Education, College Road, Nungambakkam, Chennai-600 006.
3. The Joint Director of School Education (Secondary Education) College Road, Nungambakkam, Chennai-600 006.
4. The Chief Educational Officer, Cuddalore District.
5. The District Educational Officer Vridhachalam, Cuddalore District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings passed by the 5th respondent made in Na.Ka.No.4435/A4/2017 dated 06.12.2017 and quash the same and consequently direct the respondents 2 to 5 to take further action on the application submitted by petitioner dated 05.01.2018 without any further delay for granting approval to the petitioner Institution.
For Petitioner :Mr.T.Chandrasekaran For Respondents :Mr.C.Munusamy Special Government Pleader Education)
O R D E R
This Writ Petition has been filed to quash the communication in Na.Ka.No.4435/A4/2017 dated 06.12.2017 issued by the 5th respondent and consequently direct the respondents 2 to 5 to take further action on the application submitted by petitioner dated 05.01.2018 for grant of approval to the petitioner school. 2.When the matter was taken up for consideration, the learned counsel for the petitioner, on instructions, submitted that subsequent to the filing of this writ petition, the fourth respondent has considered the application dated 05.01.2018 submitted by the petitioner and passed an order in Mu.Mu.No.1817/B3/2018 dated 22.02.2018 granting temporary recognition to the petitioner school for the period commencing from 01.06.2014 to 31.05.2017.
The learned counsel further submitted that the petitioner made another application to the fourth respondent on 27.02.2018, with a request to grant continuous recognition for the Classes from VI to X for the period commencing from 01.06.2017 to 31.05.2020 through the fifth respondent herein and hence, the said application may be directed to be considered by the respondents in the light of the recommendation of the fifth respondent dated 08.03.2018 in Na.Ka.No.1561/A2/2018.
3.The learned Special Government Pleader (Education) appearing for the respondents has no serious objection in granting such relief to the petitioner.
4.Considering the facts and circumstances of the case and taking note of the submissions made by the learned counsel on either side, this Court directs the respondents to consider the application dated 27.02.2018 with regard to grant of continuous recognition for the Classes from VI to X for the period commencing from 01.06.2017 to 31.05.2020, in the light of the recommendation of the fifth respondent dated 08.03.2018 in Na.Ka.No.1561/A2/2018 and pass appropriate orders, without causing any undue delay, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner.
5.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar sk/kak/rk To 1.The Director of Government Examinations College Road, Numgambakkam, Chennai-600 006.
2.The Director of School Education, College Road, Nungambakkam, Chennai-600 006.
3.The Joint Director of School Education (Secondary Education) College Road, Nungambakkam, Chennai-600 006.
4.The Chief Educational Officer, Cuddalore District.
5.The District Educational Officer Vridhachalam, Cuddalore District.
+1 CC to Mr.T.Chandrasekaran, Advocate sr 21735. +1 CC to The Govt. Pleader sr 22309.
W.P.No.1479 of 2018 SP(09/04/2018)