Madras High CourtWP(MD)/4588/2017disposed of

South Street Hindu Nadar v. The Chief Educational Officer,

2017-03-20Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4588 of 2017 South Street Hindu Nadar Higher Secondary School, Muhavoor Post - 626 111, Rajapalayam Taluk, Virudhunagar District, by its Secretary, K. Vasudeavan .. Petitioner Vs.

1. The Chief Education Officer, O/o. The Chief Education Officer, District Collectorate Campus, Virudhunagar.

2. The District Education Officer, O/o. The District Educational Officer, Srivilliputhur, Virudhungar District.

3. A.Manivannan .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to approve the major punishment awarded to the 3rd respondent as per Rule 17(1) of Tamil Nadu Recognized Private Schools (Regulation) Rules 1974 by considering the resolution of Petitioner's school committee, dated 23.02.2017 and representation made by the petitioner school dated 24.02.2017. For Petitioner : Mr. K.K.Kannan, For R-1 & R-2 : Mr.C. Selvaraj, Special Government Pleader ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first respondent to approve the major punishment awarded to the third respondent as per Rule 17(1) of Tamil Nadu Recognized Private Schools (Regulation) Rules 1974 by considering the resolution of Petitioner's school committee, dated 23.02.2017 and representation made by the petitioner school dated 24.02.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2.

https://hcservices.ecourts.gov.in/hcservices/

3. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents 1 and 2. By consent, the Writ petition itself is taken up for final disposal.

4. The learned counsel for the petitioner would submit that the application for prior approval submitted by the petitioner school has to be disposed by the respondents within a reasonable time. The grievance of the petitioner/Management of the Private school is that despite the proposal was submitted for approval, the respondents have not taken action.

5. Considering the limited scope of the prayer in the present Writ petition, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondents 1 and 2 are directed to consider the representation of the petitioner school, dated 24.02.2017 and the resolution of the petitioner school Committee, dated 23.02.2017 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (C) /True copy/ Sub Assistant Registrar To

1. The Chief Education Officer, O/o. The Chief Education Officer, District Collectorate Campus, Virudhunagar.

2. The District Education Officer, O/o. The District Educational Officer, Srivilliputhur, Virudhunagar District.

+1 CC to Mr.K.K.Kannan, Advocate, SR No. 15730 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 16201. PMU PSM/SV-MMS/SAR3/04.04.2017/2P/5C ORDER MADE IN W.P.(MD).No.4588 of 2017 20.03.2017 https://hcservices.ecourts.gov.in/hcservices/