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Madras High CourtWP/25521/2018disposed of

Bharathiyar Nursery And Primary School v. The Directorate Of School Education

2018-10-29Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2018

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.25521 of 2018 and W.M.P.No.29688 of 2018 Bharathiar Nursery & Primary School rep. by its Principal Mrs.S.Sivashankari, W/o.Ramesh, Pillayar Kovil Street, Amoor Village & Post, Ponneri Taluk, Thiruvallur District-601 204.

... Petitioner vs.

1. The Directorate of School Education (Primary), Chepauk, Chennai-6.

2. The Chief Educational Officer, Collectorate, Thiruvallur District.

3. The District Primary Education Officer, Thiruvallur District.

4. The Assistant/Additional Primary Education Department, Cholavaram, Thiruvallur District.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to grant 12 months time to the school, namely, Bharathiar Nursery & Primay School at Pillayar Kovil Street, Amoor Village & Post, Ponneri Taluk, Thiruvallur District to comply with the deficiencies pointed out by the 4th respondent vide their Letter dated 31.01.2018 in Aa.Thi.Mu.No.1/A1/2018.

For Petitioner : Ms.D.Aruna For Respondents: Mrs.V.Annalakshmi, Government Advocate

O R D E R

This Writ Petition is filed seeking to issue a Writ of Mandamus, directing the respondents to grant 12 months time to the school, namely, Bharathiar Nursery & Primay School at

Pillayar Kovil Street, Amoor Village & Post, Ponneri Taluk, Thiruvallur District to comply with the deficiencies pointed out by the 4th respondent vide their Letter dated 31.01.2018 in Aa.Thi.Mu.No.1/A1/2018.

2.

This Writ Petition is filed in September, 2018, despite the fact that the petitioner school was directed to comply with the deficiencies in January, 2018. Be that as it may, there is no difficulty for this Court to direct the respondents to grant sufficient time to the petitioner school to comply with the deficiencies. However, it is stated that the petitioner has started the school with fifteen students even before getting approval or recognition from the statutory authorities. If that be so, the petitioner cannot run the school without proper approval or recognition from the statutory authorities. However, the petitioner can be given sufficient time to comply with the deficiencies pointed out by the fourth respondent. 3.

Hence, this Court is inclined to pass the following Order :

The respondents are directed to grant six (6) months time from today to the petitioner to comply with the deficiencies pointed out by the fourth respondent vide Letter dated 31.01.2018 in Aa.Thi.Mu.No.1/A1/2018. However, this Order cannot be understood that the petitioner is permitted to run the school without proper approval or recognition from the statutory authorities.

4.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To

1. The Directorate of School Education (Primary), Chepauk, Chennai-6.

2. The Chief Educational Officer, Collectorate, Thiruvallur District.

3. The District Primary Education Officer, Thiruvallur District.

4. The Assistant/Additional Primary Education Department, Cholavaram, Thiruvallur District.

+1cc to Mr.S.Thiruvengadam, Advocate SR.NO.73866 MR(CO) sm:15.11.2018 W.P.No.25521 of 2018