M/S. Muthu Matriculation School v. The Director Of Matriculation School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN M/s.Muthu Matriculation School, represented by its Correspondent C.Saraswathi .. Petitioner Vs.

1. The Director of Matriculation Schools, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Office of the District Chief Educational Office, Sivagangai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to process the petitioner's application for upgradation from Nursery and Primary School to Matriculation School taking into consideration the clarification/Rectification made by the petitioner by way of representation dated 01.07.2020 within the time frame fixed by this Court.

For Petitioner : Mr.E.Vijay Anand For Respondents : Ms.Lakshmi Prasanna Government Advocate

ORDER

This writ petition has been filed for issuance of direction to the respondents to process the petitioner's application for upgradation from Nursery and Primary School to Matriculation School taking into consideration the clarification/Rectification made by the petitioner by way of representation dated 01.07.2020 within the time frame fixed by this Court.

2. Ms.Lakshmi Prasanna, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents.

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4. When the matter is taken up for hearing, it is represented by the learned Government Advocate that at present, the petitioner School is not seeking for any approval from the Director of Town and Country Planning (DTCP) Department and in the communication dated 07.01.2020 sent by the first respondent, it is very clear that if the clarification is given, the request of the petitioner would be considered.

5. At this juncture, the learned counsel for the petitioner would submit that the petitioner School sent a representation dated 01.07.2020 in which they expressed their willingness to fulfil all the conditions mentioned by the first respondent.

6. Per contra, the learned Government Advocate appearing for the respondents would submit that there is no representation from the petitioner dated 01.07.2020 has been received by the respondents. She further submitted that if the petitioner is able to fulfill the conditions, the request of the petitioner may be considered in accordance with law.

7. Accordingly, the petitioner is directed to submit the representation to the respondents within fifteen(15) days from the date of receipt of a copy of this order and on such representation, the first respondent is directed to consider the same within a period of fifteen (15) days thereafter, in accordance with law.

8. With the above direction, this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 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 Matriculation Schools, College Road, Chennai - 600 006.

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2.The Chief Educational Officer, Office of the District Chief Educational Officer, Sivagangai.

+1 CC to M/s.SPL GP ( SR-26219[F] dated 18/12/2020 ) 16.12.2020 KUN(CO) KB(30.12.2020) 3P 4C 3/3