Thamizhaga Consumer Protection v. The Directorate Of Teacher
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Thamizhaga Consumer Protection Movement, Registration No.27/2002 rep. by its District Secretary K.Gurusamy, No.13-A, Chettiar Street, Udaiyarpalayam-621 804, Perambalur District.
.. Petitioner Vs 1.The Directorate of Teacher Education, Research and Training, Chennai - 600 06.
2.The Regional Officer, Central Board of Secondary Education, New No.3, Old No.1630-A, West Anna Nagar 16th Main Road, J-Block, Chennai - 600 040.
3.The Chairman, N.R. Public School, No.56, Chidambaram Road, Jayangkondam, Ariyalur District.
4.The Principal/Correspondent, Jai Hind International School, Guruvalappar Koil, Jayangkondam, Ariyalur District.
5.The Correspondent, Modern Matriculation School, Jayangkondam, Ariyalur District.
6.The Principal/Correspondent, Golden Gates, Vidhyasharam, Venkatesapuram, Ariyalur - 621 212.
7.The Chief Educational Officer, Ariyalur District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Regional Officer, Central Board of Secondary Education, Anna Nagar, Chennai to verify whether the 3rd to 6th respondents are having affiliation or recognition issued by the second respondent to run the CBSE school in Jayangkondam Taluk and further direct the first and second respondents if the 3rd to 6th respondents are not having affiliation for admission of students claiming that they are the CBSE School, initiate appropriate action against them for doing such illegal admissions.
For the Petitioner : Mr.K.Balakrishnan For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondents 1 and 7
: Mr.G.Nagarajan for respondent No.2 : Mr.R.Parthiban for respondent No.3 : Mr.A.Gouthaman for respondent No.4 : Ms.Muthumani Doraisamy for respondent No.5 : No appearance for respondent No.6
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.K.Balakrishnan, learned counsel for the petitioner; Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 7; Mr.G.Nagarajan, learned counsel for the second respondent; Mr.R.Parthiban, learned counsel for the third respondent; Mr.A.Gouthaman, learned counsel for the fourth respondent and Ms.Muthumani Doraisamy, learned counsel for the fifth respondent.
2. The learned counsel for the Central Board of Secondary Education (CBSE) submits that the fifth respondent has got necessary approval and recognition.
3. Learned counsel for the fifth respondent submits that the fifth respondent is not running the CBSE course and has got certificate of recognition from the Director of School Education for Matriculation course.
4. Learned counsel for the third respondent submits that the third respondent has got the approval from the CBSE after filing of the writ petition.
5. As far as the fourth respondent is concerned, no approval for running CBSE course is placed on record. In case the fourth respondent is running CBSE course, it has to obtain approval and without approval, it cannot run CBSE course. If the fourth respondent is running a Matriculation course, then the permission of the Director of School Education would be sufficient.
6. The CBSE shall verify as to whether the fourth respondent is running CBSE course and if the fourth respondent is undertaking CBSE course, then the Government shall take necessary action in that regard. If the fourth respondent is only running Matriculation and has recognition from the Director of School Education for running Matriculation course, then the same would not be any problem.
7. With the above observation, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.15416 of 2017 is closed.
(S.V.G., CJ.) (P.D.A., J.) 07.07.2023 Index :
Yes/No :
Yes/No bbr
To 1.The Directorate of Teacher Education, Research and Training, Chennai - 600 06.
2.The Regional Officer, Central Board of Secondary Education, New No.3, Old No.1630-A, West Anna Nagar 16th Main Road, J-Block, Chennai - 600 040.
3.The Chief Educational Officer, Ariyalur District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr 07.07.2023