Sas Matriculation School v. The Director Of Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15838 of 2018 and W.M.P.(MD)No.14174 of 2018 SAS Matriculation School, represented by its Correspondent A.Sebastian ... Petitioner vs.
1. The Director of Government Examinations, DPI Campus, College Road, Chennai-600 006.
2. The Director of Matriculation Schools, DPI Campus, College Road, Chennai-600 006.
3. The Chief Education Officer, Trichy District.
4. The Deputy Director of Town and Country Planning, Trichy.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records on the file of the second respondent pertaining to the impugned proceedings in Na.Ka.No.6302/A2/2016 dated 15.12.2016 and to quash the same and consequently direct the respondents to grant permission to run the School with classes L.K.G. To 12th standard for the academic year 2017-2018, 2018-2019 and 2019-2020 without insisting the plan approval from the fourth respondent within a time frame that may be stipulated by this Court. For Petitioner :
Mr.L.Victoria Gowri For Respondents : Mr.V.Anand Government Advocate
O R D E R
Mr.V.Anand, learned Government Advocate, takes notice for the respondents.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. There is no provision in the rules that the school seeking for approval should possess a building plan approval from the Town and Country Planning authorities and this decision has been ratified by the order of the Division Bench of this Court in The Director of Matriculation Schools Vs. Kaviyan School reported in 2015-5-L.W.101, as well as order of this Court in W.P.No.15797 of 2017 dated 04.06.2018. As such the respondent may not be justified in seeking for building plan approval from the DTCP as one of the pre condition for granting approval.
4. It is submitted by the learned counsel for the petitioner that insofar as the other objections raised by the respondents herein, the same has been complied with and the respondents have also been intimated in this regard.
5. In the light of the above observations, the third respondent is directed to consider the petitioner's representation dated 28.07.2016, seeking permission to run the school with classes L.K.G. To 12th standard, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-II) To:
1. The Director of Government Examinations, DPI Campus, College Road, Chennai-600 006.
2. The Director of Matriculation Schools, DPI Campus, College Road, Chennai-600 006.
3. The Chief Education Officer, Trichy District.
4. The Deputy Director of Town and Country Planning, Trichy.
+1cc to Mr.L.Victoria Gowri, Advocate Sr.No.74195 PNN VB/KAK/SAR2/01.08.2018/3P/6C W.P.(MD) No.15838 of 2018 20.07.2018