Kalaipoonga Matriculation v. The Director Of Matriculation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.13817 of 2012 and M.P.No.1 and 2 of 2012 Kalaipoonga Matriculation School, Rep. by its Correspondent, Mrs.R.Bhavani Nirumal Kumar, New No.8, Old No.34, Veerasamy Street, Egmore, Chennai-600 008.

... Petitioner Vs.

1.Director of Matriculation Schools, Govt. of Tamil Nadu, D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

2.The Inspector of Matriculation Schools, Egmore, Chennai-600 008.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus calling for the records in respect of the impugned order passed by the 1st Respondent vide his proceedings in Na.Ka.No.1196/A2/2011 dated 26.04.2011 and quash the same insofar it relates to the withdrawal of recognition of the Petitioner school from 1.6.2011 and direct the Respondents to process the application dated 27.5.2011 submitted by the Petitioner for renewal of recognition for the petitioner school from 1.6.2011 and to pass orders therein within a time frame as fixed by this Hon'ble Court so as to enable the Petitioner school to begin the classes for the academic year 2012-13. For Petitioner :Mr.R.Suresh Kumar For Respondents:Mr.C.Munusamy, Special Government Pleader (Education)

O R D E R

The petitioner has challenged the order dated 26.04.2011 passed by the Director of Matriculation Schools, Chennai, in Na.Ka.No.1196/A2/2011, by which the recognition granted to the petitioner School has been withdrawn from 01.06.2011 onwards. On the strength of the interim order granted, the school is functioning with a strength of about 200 students. 2.When the matter is taken up for hearing, Mr.R.Suresh Kumar, learned counsel for the petitioner submitted that the deficiencies/shortcomings pointed out in the impugned order have already been rectified and if an inspection is conducted, the officials would be convinced about the compliance of the shortcomings pointed out in the impugned order. 3.Heard the learned Special Government Pleader for the respondents.

4.In view of the submissions made by the learned counsel for the petitioner and also considering the fact that six years have gone, it would be appropriate to find out whether sufficient infrastructure is available in the school for grant/renewal of recognition. Therefore, the 2nd respondent, namely, the Inspector of Matriculation School shall inspect the petitioner school and to find out as to whether all the infrastructural facilities are available for grant of recognition/renewal of recognition within a period of four weeks from the date of receipt of a copy of this order, and pass appropriate orders, within two weeks thereafter. 5.Accordingly, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rm

To 1.Director of Matriculation Schools, Govt. of Tamil Nadu, D.P.I. Campus, College Road, Nungambakkam, Chennai-600 006.

2.The Inspector of Matriculation Schools, Egmore, Chennai-600 008.

+ 1 cc to M/s. V. Balaji, Advocate Sr.3575 + 1 cc to the Government Pleader SR.5479 Writ Petition No.13817 of 2012 and M.P.No.1 and 2 of 2012 GMI(CO) EU 17.2.2018