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Madras High CourtWP/25596/2021disposed of

Sufa Matriculation School Run By Sufa Educational Trust v. The Secretary

2021-12-02Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No. 25596 of 2021 Sufa Matriculation School, Run by Sufa Educational Trust, Rep by its President Mr. M. Syed Turabudeen No. R - 45, 4th Block, Muthamizh Nagar, Kodungaiyur, Chennai, Tamil Nadu - 600118

...Petitioner

-Vs1. The Secretary National Commission for Minority Educational Institutions, Gate No. 4, 1st Floor, Jeevan Tara Building 5, Sansad Marg, Patel Chowk, New Delhi - 110 001

2. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009.

...Respondent

Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other writ, directing the 1st respondent to accept the Certificate of Recognition issued by the Chief Educational Office, Chennai District on 5.10.2020 for the period of 1.6.2020 to 31.5.2022 to the petitioner in the Case No. 245 of 2020 and it is respectfully prayed that this Honourable Court may be pleased to direct the 1st respondent to expeditious disposal of the Application registered as Case No. 245 of 2020. For Petitioner :Mr. Edwin Sahayaraj. R For Respondents :Mr. Stalin Abimanyu Additional Government Pleader

O R D E R

This writ petition is filed for the issuance of a Writ of Mandamus or any other writ, directing the 1st respondent to accept the Certificate of Recognition issued by the Chief Educational Office, Chennai District on 5.10.2020 for the period of 1.6.2020 to 31.5.2022 to the petitioner in the Case No. 245 of 2020 and it is respectfully prayed that this Honourable Court may be pleased to direct the 1st respondent to expeditious disposal of the Application registered as Case No. 245 of 2020.

2. The case of the petitioner is that the petitioner submitted that the said Application for Minority status Certificate on 07.11.2019, which stands registered in Case No.245 of 2020 and the same is pending before the Hon'ble NCMEI the 1st respondent for adjudication. In case of the petitioner School, a valid Certificate of Recognition under the Tamil Nadu Recognised Private Schools (Regulations) Rules, 1974, was issued by the Chief Educational Officer dated 05.10.2020 for the period 01.06.2020 to 31.05.2022. Accordingly, the Petitioner School being a Minority Institution applied for the Minority Status Certificate with the 1st Respondent. However, the 1st respondent failed to consider the Recognition granted under the said rules and is demanding the Petitioner to submit the recognition issued by the Board to which the School is affiliated to which is dehors any merit and reason. Hence this writ petition is filed.

3. Learned counsel appearing for the petitioner submits that though the petitioner made an application for the grant of minority status certificate on 07.11.2019 before the 1st respondent and the same stands registered, but no orders have been passed on the same. Therefore, learned Counsel appearing for the petitioner submitted that it would suffice if this Court may issues a direction to the respondent to dispose of Case no. 245 of 2020 within the reasonable time as fixed by this Court.

4. Learned Additional Government Pleader, who takes notice for the 1st respondent submits that the respondent would pass orders within the time stipulated by this Court. Without going into the merits of the case it is inclined to issue a direction to dispose the Case No. 245 of 2020 within a period of 3 months from the date of receipt of a copy of this order.

5. Dispose the Case no. 245 of 2020 within the period of three months. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sh To

1. The Secretary National Commission for Minority Educational Institutions, Gate No. 4, 1st Floor, Jeevan Tara Building 5, Sansad Marg, Patel Chowk, New Delhi - 110 001

2. Principal Secretary, School Education Department, Government of Tamil Nadu, Rina Road, Fort St. George, Secretariat, Chennai, Tamil Nadu - 600009.

W.P.No. 25596 of 2021 KG(CO) SP(03/01/2022)