Shajan v. The Director Of School
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.8401 of 2017 and W.M.P.(MD).No.6401 of 2017 Shajan :Petitioner Vs.
1. The Director of School Education, College Road, Nungambakkam, Chennai.
2. The District Collector, Kanyakumari District, Nagercoil.
3. The Chief Educational Officer, Kanyakumari District, Kanyakumari.
4. The District Educational Officer, Kanyakumari District, Kanyakumari.
5.J.Joseph Sunny 6.Ferry G.Fernandez 7.The Principal, Holy Angels International School, Nambali, Nithiravilai Post, Kanyakumari District.
: Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action in accordance with law to forbear Holy Angels International School, Nambali, Nithiravilai Post, Kanyakumari District from being run in the absence of affiliation to any recognized Board.
For Petitioner : Mr.M.Prabhakaran For Mr.T.Antony Arul Raj For R1 to R4 : Mr.M.Govindan Special Government Pleader For Respondent No.6 : Mr.G.Anto Prince For Mr.T.Lajapathi Roy ***********
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner seeks a direction to the Educational Authorities to initiate appropriate action to forbear the seventh respondent school from being run. The writ petitioner has given representations to the authorities. Since no action was taken, he was constrained to file this writ petition. 2.Heard the learned counsel for the writ petitioner as well as the Special Government Pleader for the respondents and also the learned counsel for the sixth respondent.
3.The learned Special Government Pleader appearing for the respondents 1 to 4 would submit that the seventh respondent school has not obtained any affiliation from any recognized Board. 4.If that is so, then action will have to be necessarily taken by the third respondent. The third respondent cannot remain a blind eye to an unaffiliated education institution from being run. 5.Therefore, this Court directs the third respondent to initiate action in accordance with law on the representations given by the writ petitioner dated 22.04.2017. The respondent shall issue notice to the respondents 5 to 7 and thereafter take action in accordance with law. The third respondent shall complete the entire exercise within a period of three months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. No costs. Consequently, connected W.M.P.(MD).No.6401 of 2017 is closed. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To
1. The Director of School Education, College Road, Nungambakkam, Chennai.
2. The District Collector, Kanyakumari District, Nagercoil.
3. The Chief Educational Officer, Kanyakumari District, Kanyakumari.
4. The District Educational Officer, Kanyakumari District, Kanyakumari.
+1 cc to Mr.T.Antony Arul Raj , Advocate in SR.No. 70020 +1 cc to Mr.T.Lajapathi Roy , Advocate in SR.No. 69944 +1 cc to The Special Government Pleader in SR.No.70262 tsg/skm AE/SKN RSK/SAR1/30.08.2017/3P/8C Order made in W.P(MD)No.8401 of 2017 and W.M.P.(MD).No.6401 of 2017 Dated : 02.08.2017