Pastor G. Nellaikumar, Founder v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.7389 of 2014 and M.P.Nos.1 to 3 of 2014 PASTOR G. NELLAIKUMAR FOUNDER & MANAGING TRUSTEE INTERNATIONAL YOUTH FELLOWSHIP IN CHRIST NEW NO. 1/97 OLD NO.1/113-A KALVILLAI ROAD MEIGNANAPURAM, TUTICORIN DISTRICT.

: Petitioner -Vs1 THE SECRETARY TO GOVERNMENT OF TAMILNADU EDUCATION DEPARTMENT FORT ST. GEORGE, CHENNAI 600 009.

2 THE DIRECTOR OF SCHOOL EDUCATION HIGH SECONDARY EDUCATION COLLEGE ROAD, CHENNAI-06.

3 THE DIRECTOR OF SCHOOL EDUCATION SECONDARY EDUCATION, COLLEGE ROAD, CHENNAI -06.

4 THE CHIEF EDUCATIONAL OFFICER, C.V. GOVERNMENT OF HIGHER SECONDARY SCHOOL CAMPUS, TUTICORIN, TUTICORIN DISTRICT.

5 THE DISTRICT EDUCATIONAL OFFICER, C.V. GOVERNMENT OF HIGHER SECONDARY SCHOOL CAMPUS, TUTICORIN, TUTICORIN DISTRICT.

6 C.S.I. AMBROSE HIGHER SECONDARY SCHOOL, MEIGNANAPURAM, TUTICORIN DISTRICT.

7 ELIOT TUXFORD GIRLS HIGHER SECONDARY SCHOOL, MEIGNANAPURAM, TUTICORIN DISTRICT.

8 STATE COMMISSIONER FOR PROTECTION OF CHILD RIGHTS BY ITS CHAIRPERSON NO.183/1 PERIYAR EVR ROAD POONAMALLEE HIGH ROAD CHENNAI-600 010.

: Respondents

[R-8 impleaded as per order dated 02.07.2014 in M.P.(MD). No.3/2014] PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to re- examine the claim of the institutions schools which had been granted recognition subject to fulfillment of conditions as also the claim of institution schools having temporary recognition who had applied or are yet to apply for continuance of recognition or whose applications are pending and direct the respondent to accord recognition strictly in accordance with law as prescribed under the Tamilnadu Private Schools Regulations Act 1973 and Rules 1974, the Tamilnadu minority Schools recognition and payment of grant rules 1977 and the right to free and compulsory eduction Act and to permit Schools having recognition alone to admit students in the course of study and to treat the rest of the students of the unrecognized schools as private candidates for the ensuing Government examinations as and when due.

For Petitioner : Mr.M.Joseph Thatheus Jerume For Respondent Nos.1 to5 : Mr.M.Govindan Special Government Pleader For Respondent Nos.6&7 : G.Prabhu Rajadurai

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The learned counsel for the petitioner sought permission of this Court to withdraw the Writ Petition with liberty to work out his remedy in respect of the individual schools. He has also made an endorsement to that effect.

2. In view of the above, the Writ Petition is dismissed as withdrawn with liberty as prayed for. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1 THE SECRETARY TO GOVERNMENT OF TAMILNADU EDUCATION DEPARTMENT FORT ST. GEORGE, CHENNAI 600 009.

2 THE DIRECTOR OF SCHOOL EDUCATION HIGH SECONDARY EDUCATION, COLLEGE ROAD, CHENNAI-06.

3 THE DIRECTOR OF SCHOOL EDUCATION, SECONDARY EDUCATION, COLLEGE ROAD, CHENNAI -06.

4 THE Chief Educational Officer, C.V. GOVERNMENT OF HIGHER SECONDARY SCHOOL CAMPUS, TUTICORIN, TUTICORIN DISTRICT.

5 THE DISTRICT EDUCATIONAL OFFICER, C.V. GOVERNMENT OF HIGHER SECONDARY SCHOOL CAMPUS, TUTICORIN, TUTICORIN DISTRICT.

+1 cc to Mr.G.Prabhu Rajadurai, Advocate in SR No.57385 +1 cc to Mr.M.Joseph Thatheus Jerum, Advocate in SR No.57536 +1 cc to the Spl.Govt.Pleader in SR No.57796 ORDER MADE IN W.P.[MD].No.7389 of 2014 29.09.2016 nb anr/ss2/25.10.2016/3p/9c