Hajee K.K.Ibrahim Higher Secondary School v. Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Writ Petition(MD)No.9132 of 2026 and W.M.P(MD)No.7313 of 2026 Hajee K.K.Ibrahim Higher Secondary School rep. by its Correspondent, Pudur - 630 709.
Ilayangudi, Sivagangai District.
.. Petitioner Vs 1.Government of Tamil Nadu, rep. by its Secretary to the Government, Education Department, Secretariat, Fort St. George, Chennai - 9.
2.The Joint Director of School Education, (Higher Secondary) Office of Director of school Education, College Road, Chennai - 6.
3.The Chief Educational Officer, Sivagangai, Sivagangai District.
4.The District Educational Officer, Sivagangai, Sivagangai District.
..Respondents 1/7
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the 2nd respondent Pa.Mu.No. 059834/W4/E3/2024 dated 12.09.2024 and quash the same, consequently direct the 2nd respondent to delete the word self-finance in 11th and 12th standard English Medium Sections.
For Petitioner : Mr.R.Devaraj For Respondents : Mr.M.Mahaboob Athiff Govt. Advocate
ORDER
The petitioner challenges the order dated 12.09.2024 issued by the second respondent insofar as it grants permission to the petitioner-school to commence parallel English Medium sections for Standards XI and XII without financial assistance. 2.The petitioner is a minority educational institution established in the year 1971 and is receiving grant-in-aid from the Government. The petitioner submitted a representation seeking permission to commence parallel English Medium sections for Standards XI and XII. The said request was granted by the respondents through the impugned order. However, the petitioner is aggrieved by the condition that the said sections shall be run without financial assistance. 2/7
3.Earlier, the petitioner had approached this Court in W.P.(MD) No.24250 of 2025 seeking deletion of the expression "self-financing" found in the impugned order by considering its representation dated 28.10.2024. By order dated 08.09.2025, this Court dismissed the writ petition while reserving liberty to the petitioner to challenge the impugned order.
4.Learned counsel for the petitioner submitted that the petitioner had not sought permission to commence a new course, but only sought permission to start parallel English Medium sections for Standards XI and XII, similar to the parallel English Medium sections already permitted for Standards VI to X. It was further submitted that commencement of the said sections would not result in any increase in the teaching staff strength and, therefore, the respondents ought to have granted permission on the same footing as the existing aided sections.
5.Learned counsel further submitted that a Coordinate Bench of this Court, in Correspondent, Ilayangudi Higher Secondary School v. State of Tamil Nadu, reported in 2025 SCC OnLine Mad 16776, had considered an identical issue and directed the authorities to reconsider the claim of the petitioner therein. 3/7
6.Per contra, the learned Government Advocate reiterated the stand taken by the respondents in the aforesaid case and further submitted that the petitioner had furnished an undertaking that it would not claim any financial assistance for running the parallel English Medium sections. Therefore, according to the respondents, the writ petition is liable to be dismissed.
7.The submissions made on either side have been considered. 8.The Coordinate Bench of this Court in Correspondent, Ilayangudi Higher Secondary School v. State of Tamil Nadu (supra), after considering G.O.Ms.No.148 and the nature of the request made by the school, held that commencement of a parallel English Medium section cannot be treated as commencement of a new course and that the authorities had proceeded on an incorrect understanding of the request. The Coordinate Bench accordingly set aside the impugned orders and issued appropriate directions for reconsideration of the matter.
9.The issue involved in the present writ petition is substantially similar to the issue considered by the Coordinate Bench in the aforesaid decision. Therefore, this Court is of the view that the present writ petition is also liable to be disposed of in similar terms. 4/7
10.Accordingly, the writ petition is allowed. The impugned order dated 12.09.2024, insofar as it grants permission to commence parallel English Medium sections for Standards XI and XII without financial assistance, is set aside. The petitioner is directed to submit a fresh application before the second respondent within a period of two weeks from the date of receipt of a copy of this order, stating that: (i) the total strength of English Medium students shall not exceed 50% of the existing Tamil Medium student strength; and (ii) the petitioner shall not seek any additional grant-in-aid from the Government or sanction of additional teaching or non-teaching posts for commencement of the said English Medium sections. 11.Upon receipt of such application, the second respondent shall consider the same and pass appropriate orders in the light of the decision of the Coordinate Bench referred to above. The said exercise shall be completed within a period of four weeks from the date of receipt of the fresh application.
12.There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
22.06.2026 NCC : Yes/No Index : Yes/No Internet:Yes skn 5/7
To 1.The Secretary to the Government, Education Department, Secretariat, Fort St. George, Chennai - 9.
2.The Joint Director of School Education, (Higher Secondary) Office of Director of school Education, College Road, Chennai - 6.
3.The Chief Educational Officer, Sivagangai, Sivagangai District.
4.The District Educational Officer, Sivagangai, Sivagangai District.
6/7
HEMANT CHANDANGOUDAR, J.
skn Writ Petition(MD)No.9132 of 2026 and W.M.P(MD)No.7313 of 2026 22.06.2026 7/7