Saradha Ramaswamy v. The Chief Educational

2024:MHC:5788

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11-01-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And WMP Nos.2053 and 2054 of 2017 Saradha Ramaswamy Vidyalaya Nursery and Primary School, Represented by its Correspondent, R.Bhansi, No.12-A, 4th Street, VOC Nagar, Kongu Main Road, Tirupur-641 607, Tirupur District.

.. Petitioner -vs1.The Chief Educational Officer, O/o.The Chief Educational Officer, 2.The District Elementary Educational Officer, Tirupur-641 601.

3.The Assistant Elementary Education Officer (North), .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent vide Na.Ka.No.2696/A4/2016 dated 08.08.2016 and quash the same is illegal and consequently directing the first respondent to renew the recognition granted to the petitioner School viz., Saradha Ramaswamy Vidyalaya Nursery and Primary School, situate at No.12-A, 4th Street, VOC Nagar, Kongu Main Road, Tirupur-641 607 considering the representation preferred by the petitioner dated 12.09.2016 and 05.01.2017 respectively. For Petitioner :

Mr.M.Venkadeshan For Respondents :

Mr.G.Ameedius, Government Advocate.

O R D E R

The order dated 08.08.2016 cancelling the recognition of the petitioner-School by the Chief Educational Officer, Tiruppur, is under challenge in the present writ proceedings.

2. The recognition was cancelled by the Chief Authority of the Education Department mainly on the ground that no infrastructural facilities are provided by the petitioner-School and the buildings were in unsafe condition. Thus by invoking the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act and the Rules, the Authority based on the Inspection Report cancelled the recognition.

3. The petitioner-School is not functioning for the past about seven years. Therefore, considering the ground raised by the petitionerSchool, at this length of time, would do no service to the cause of justice. Contrarily, the petitioner-School is at liberty to provide all infrastructural facilities and necessary buildings and thereafter submit fresh application seeking recognition for the consideration of the Authorities Competent.

4. With the above observations, the present writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 11-01-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Chief Educational Officer, O/o.The Chief Educational Officer, 2.The District Elementary Educational Officer, Tirupur-641 601.

3.The Assistant Elementary Education Officer (North),

S.M.SUBRAMANIAM, J.

Svn WP 2082 of 2017 11-01-2024