Eden Gardens Nursery & v. The Chief Educational Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 11.11.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No.39478 of 2016 and WMP.No.33774 of 2016 Eden Garden Nursery & Primary School, Rep. by its Correspondent, K.Chinnayan .. Petitioner Vs.

1.The Chief Educational Officer, Thirupur.

2.The District Elementary School Educational Officer, Thirupur.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of Certiorarified Mandamus to call for the for the records of the impugned proceedings dated 08.08.2016 vide. bearing Na.Ka.No.2696/ A4/2016 of the 1st respondent and quash the same and further issue direction to the respondents to consider the representation made by the petitioner dated 14.06.2016 for granting permission to run the petitioner school for the current academic year 2016-2017.

For Petitioner : Mr.A.Prabhakaran For Respondents : Mr.O.R.Maheswaran, GA

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2.This writ petition is filed by the petitioner, challenging the impugned proceedings dated 08.08.2016 vide. bearing Na.Ka.No.2696/ A4/2016 of the first respondent and to quash the same and consequentially, for issuing a direction to the respondents to consider its representation dated 14.06.2016 for granting permission to run the petitioner school for the current academic year 2016-2017.

https://hcservices.ecourts.gov.in/hcservices/

3.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing on behalf of the respondents.

4.It has been very clearly stated in the impugned proceedings of the first respondent dated 08.08.2016, the petitioner's school is being run without permission and they have not even rectified the deficiencies as pointed out by the Special Committee of the Hon'ble Justice K.Sampath. When they have been instructed to transfer the children even in the month of August to any other recognized institutions, they have not obeyed the same. Inspite of the same, they have even in their letter, only seeking time to rectify till the next academic year which is against the principle and it is seen from the impugned proceedings dated 08.08.2016, that after 2005, they have been running the school without recognization and not even submitted any documents to the authorities concerned for recognization. 5.In view of the foregoing reasons, this Writ Petition shall stands dismissed. Consequently, connected Miscellaneous Petition is also closed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar DP To 1.The Chief Educational Officer, Thirupur.

2.The District Elementary School Educational Officer, Thirupur.

+1 cc to Mr.A.Prabhakaran Advocate sr 65249 +1 cc to Government Pleader sr 65477 WP.No.39478 of 2016 and WMP.No.33774 of 2016 rsi(co) aa08/12/2016 https://hcservices.ecourts.gov.in/hcservices/