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Madras High CourtWP/21112/2022dismissed

Sai Vihar Nursery And Primary School, v. The Secretary

2025-09-11Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.20125 & 20126 of 2022 Sai Vihar Nursery and Primary School, Rep. by its Founder & Correspondent, Dr.C.Kuppusamy, Arisipalayam, Salem Urban Union, Salem - 636 009.

...Petitioner

-Vs1. The Secretary, Education Department, St. George Fort, Chennai - 600 009.

2. The Director, Primary School Education, Nungambakkam, Chennai - 600 006.

3. The Chief Educational Officer, Salem District, Salem.

4. The District Education Officer, Salem.

5. The Block Education Officer-1 (Incharge) Salem City, Salem.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order dated 02.08.2022 in Na.Ka.No.1023/A1/2020 issued by the fifth respondent and to quash the same consequently direct the respondents to grant License/Order of Recognition to the petitioner school for running a Nursery and Primary School in the building bearing Door No.125 JKL, Arisipalayam Main Road, Salem 636 009.

For Petitioner : Mr.C.Umashankar For Respondents : Mr.S.Prabhakaran Government Advocate

ORDER

This writ petition has been filed challenging the order dated 02.08.2022 thereby directing the petitioner school not to admit any students in their school and also to transfer the already admitted students to other nearby schools.

2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.

The petitioner school applied for recognization and the same was rejected. Aggrieved by the same, the petitioner preferred a writ petition in W.P.No.20370 of 2014 and the same was also dismissed by this Court by an order dated 08.07.2021. Once again the petitioner approached the authority concerned for recognization and the same was also rejected and it was challenged before this Court in W.P.No.26410 of 2021. This Court by an order dated 14.06.2024 disposed of the writ petition with direction directing the petitioner to apply license afresh after fulfilling all the requirements for issuance of licence to run Nursery and Primary school. Accordingly, the petitioner applied for and the same was also returned for the want of some compliance.

Therefore, the recognization for the petitioner's school is not yet granted as such the petitioner has no license to admit any student. Hence the fifth respondent rightly issued direction to the petitioner to shift the student who were already admitted in their school to other schools. This Court finds no infirmity or illegality in the order passed b y the fifth respondent and the writ petition is devoid of merits and liable to be dismissed.

4.

Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

11.09.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts

To

1. The Secretary, Education Department, St. George Fort, Chennai - 600 009.

2. The Director, Primary School Education, Nungambakkam, Chennai - 600 006.

3. The Chief Educational Officer, Salem District, Salem.

4. The District Education Officer, Salem.

5. The Block Education Officer-1 (Incharge) Salem City, Salem.

G.K.ILANTHIRAIYAN. J, rts W.P.No.21112 of 2022 and W.M.P.Nos.20125 & 20126 of 2022 11.09.2025