Sri Sai International Nursery And Primary School v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)Nos.552 and 3103 of 2023 Sri Sai International Nursery and Primary School, Through its Correspondent, No.2/3173 D, Karpaga Vinayagar Nagar 2nd Street, Karaikudi, Sivagangai.

... Petitioner vs.

1.The Director of School Education, (Private Schools), College Road, Chennai - 600006.

2.The Joint Director of School Education, (Private Schools), College Road, Chennai - 600006.

3.The Chief Educational Officer, Sivagangai.

4.The District Educational Officer, Devakottai.

5.V.Sudha ... Respondents 1/4

(R-5 is impleaded vide Court Order dated 08.06.2023 in W.M.P(MD)No.3103 of 2023 in W.P(MD)No.76 of 2023 by RSMJ & LVGJ) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents herein to consider the proposal for grant recognition to the petitioner school and pass appropriate orders granting recognition within the time stipulated by this Court. For Petitioner : Mr.VR.Shanmuganathan For R-1 to R-4 : Mr.D.Sadiq Raja, Additional Government Pleader For R-5 : Mr.T.Lajapathi Roy, Senior Counsel for M/s.Lajapathi Roy Associates

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) This writ petition has been filed, challenging the rejection order passed by the fourth respondent in Na.Ka.No.0045/A/2022 dated 02.01.2023 and to direct the respondents herein to grant recognition to the petitioner school.

2. The petitioner school has been directed to be shut down since it was found to be functioning without recognition. The said order was passed in W.P(MD)No.27994 of 2022 on 13.12.2022.

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3. Mr.V.R.Shanmuganathan, learned counsel appearing for the petitioner would submit that the School has already filed an application for grant of recognition and the same is pending with the Department. He would also point out that the application for recognition which was filed in the year 2019 was returned in the year 2023 for certain compliances and the same has been re-presented on 27.04.2023.

4. In the light of the above, the respondents are directed to consider the application of the petitioner strictly in accordance with law and if the petitioner satisfies all the requirements grant permission. Such exercise shall be completed within a period of eight weeks from today. We make it clear that pendency of W.P(MD)No.27994 of 2022 shall not affect the consideration of the application for recognition by the authorities.

5. With the above directions, the writ petition stands disposed of. No Costs.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 08.06.2023 Index : Yes / No pm 3/4

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm ORDER MADE IN DATED : 08.06.2023 4/4