Mlwa Higher Secondary School v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.07.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR MLWA Higher Secondary School, run by Jain Educational and Empowerment Trust, represented by its Founder Trustee and Chairman, S.Bhawarlal No.34, Sambandhamoorthy Street, Madurai - 1.

...Petitioner

Vs 1.The Secretary to Government, Department of School Education, Secretariat, Chennai 600 009.

2.The Joint Director of School Education (Hr.Sec), DPI Compound, College Road, Chennai 600 006.

3.The Chief Educational Officer, Tallakulam, Madurai 625 002.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to approve the proposal dated 24.11.2014 along with Form-III, regarding the Approval of Change in the constitution of the Educational Agency of the petitioner's school and also change in the nomenclature of the Trust as Jain Educational and Empowerment Trust with effort from 25.04.2014, which followed by the reminders of the petitioner dated 01.12.2018 and 16.04.2019. For Petitioner : Mr.K.Balasubramanian For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

This writ petition is filed to direct the 2nd respondent to approve the proposal dated 24.11.2014 along with Form-III, regarding the approval of change in the constitution of the Educational Agency of the petitioner's school and also to change in the nomenclature of the Trust as Jain Educational and Empowerment Trust with effort from 25.04.2014. 1/3

2.Heard the learned counsel on either side.

3.The learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the 2nd respondent to consider the petitioner's representation dated 16.04.2019.

4.The learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 16.04.2019 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.In agreement with the submission made by the learned Special Government Pleader, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- The 2nd respondent is directed to consider the petitioner's representation dated 16.04.2019 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.This Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 Secretary to Government, Department of School Education, Secretariat, Chennai 600 009.

2/3

2.The Joint Director of School Education (Hr.Sec), DPI Compound, College Road, Chennai 600 006.

3.The Chief Educational Officer, Tallakulam, Madurai 625 002.

24.07.2020 KM (30.07.2020) 3P 4C 3/3