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Madras High CourtWP(MD)/4909/2012disposed of

Dr.Ambedkar Middle School v. The Director Of Elementary

2021-04-22Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Dr.Ambedkar Middle School, Represented by its Secretary, Kalsundu Colony, Ambasamudram Taluk, Tirunelveli District.

: Petitioner Vs.

1. The Director of Elementary Education, Chepauk, Chennai.

2. The District Educational Officer, Tirunelveli District, Tirunelveli.

3. The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

4. The Assistant Elementary Educational Officer, Amabasamudram, Tirunelveli District.

5. The District Collector, Tirunelveli District, Tirunelveli.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to grant recognition for the upgradation of petitioner School into Middle School with effect from 1994-1995 and consequentially to allow the 8th standard of the petitioner School to appear for the annual examination regularly. For Petitioner : Mr.Mohammed Athiff For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to grant recognition for upgradation of the petitioner School into a Middle School with effect from 1994-1995 and for a consequential direction to allow the 8th standard students of the petitioner School to appear for the annual examination.

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2. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the 8th standard students are allowed to appear for the annual examination and the issue with regard to the recognition for upgradation of the petitioner school is still pending with the respondents.

3. Heard Mr.Mohammed Athiff, learned counsel appearing on behalf of the petitioner and Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader appearing on behalf of the respondents.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner School has been knocking the doors of the respondents from the year 2004 onwards, there shall be a direction to the first respondent to pass orders on the recognition sought for by the petitioner for upgradation of the petitioner school into a Middle School in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

6. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The Director of Elementary Education, Chepauk, Chennai.

2. The District Educational Officer, Tirunelveli District, Tirunelveli.

3. The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

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4. The Assistant Elementary Educational Officer, Amabasamudram, Tirunelveli District.

5. The District Collector, Tirunelveli District, Tirunelveli.

+1 CC to M/s.SPL GP ( SR-17323[F] dated 23/04/2021 ) 22.04.2012 SSS(CO) KB(10.05.2021) 3P 7C 3/3