Aided Middle School v. The Joint Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10615 of 2016 and W.M.P.(MD)No.8236 of 2016 Aided Middle School, Rep. by its Manager and Correspondent, M.Arockia Agustin, Ariyankundu Post, Thangachimadam, Ramanathapuram District.

... Petitioner Vs.

1. The Joint Director of School Education (Aided Schools), DPI Compound, College Road, Chennai - 6.

2. The District Elementary Educational Officer, Ramanathapuram, Ramanathapuram District.

3. The Assistant Elementary Educational Officer, O/o. The Assistant Elementary Educational Office, Mandapam @ Mandapam Camp, D.O.Code:SB 407, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent in his proceedings in mjpK873/m3/16 dated 13.04.2016 and quash the same as illegal and consequentially to direct the respondents to approve the change of management of the school viz., Aided Middle School, Ariyankundu, Thangachimadam, Ramanathapuram District and approve the petitioner's Correspondentship in the light of the civil Court decree in O.S.No.459 of 1991 dated 03.08.1992 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar, for M/s.Ajmal Associates.

For Respondents : M/s.S.Srimathy, Special Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The Writ petitioner is an aided school. There has been a change of management and a proposal was submitted to the second respondent seeking approval. The proposal was returned by the second respondent principally on two grounds. The first ground was that the petitioner does not have a minority status. The second ground was that there is no school committee. If the petitioner is a minority institution, then there is no need for having school committee. The petitioner specifically states that they are having materials to indicate the minority status of their institution.

3. In this view of the matter, the petitioner is permitted to resubmit the proposal to the second respondent with all relevant materials and the second respondent shall pass orders afresh in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

4. The Writ petition stands disposed of, accordingly. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) pmu To

1. The Joint Director of School Education (Aided Schools), DPI Compound, College Road, Chennai - 6.

2. The District Elementary Educational Officer, Ramanathapuram, Ramanathapuram District.

3. The Assistant Elementary Educational Officer, O/o. The Assistant Elementary Educational Office, Mandapam @ Mandapam Camp, D.O.Code:SB 407, Ramanathapuram District.

+1CC TO MR.AJMAL ASSO., Advocate Sr. No.64453 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.65042 W.P.(MD)No.10615 of 2016 and W.M.P.(MD)No.8236 of 2016 29.04.2019 SCR(CO) TR (28.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/