Lnp Girls Higher Secondary School v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.13579 and 15269 of 2023 LNP Girls Higher Secondary School, Represented by its Secretary, Gurucharan Lalgudi, Trichy District.

... Petitioner Vs 1.The Chief Educational Officer, Tiruchirappalli, Tiruchirappalli District.

2.The District Educational Officer, Lalgudi, Tiruchirappalli District.

3.K.Jayakrishnan 4.J.Rajmohan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order made in Na.Ka.No.7449/Aa2/2022, dated 19.06.2023 issued by the 2nd respondent, quash the same 1/5

insofar as rejecting the petitioner's proposal for approval of educational agency of the petitioner's school citing the pendency of litigation with respect to the petitioner's school and consequently direct the respondent Nos.1 and 2 to approve the educational agency of the petitioner's school within time frame.

For petitioner : Mr.AM.Ramanathan For Respondent : Ms.D.Farjana Ghousia, Nos.1 and 2 Special Government Pleader For Respondent : Mr.C.Dhanasekaran Nos.3 and 4

ORDER

This writ petition is filed challenging the order passed by the second respondent returning the petitioner's request to approve his educational agency.

2.The impugned order has been passed by referring the pendency of the earlier writ petition filed by this petitioner in WP(MD)No.10548 of 2023 and the suit filed by the private respondents in OS.No.54 of 2023.

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3.Neither in the writ petition in WP(MD)No.10548 of 2023 nor in the suit in OS.No.54 of 2023, there is any order prohibiting the official respondents from proceeding further in accordance with law. Therefore, by referring the pendency of the writ petition and the suit, the official respondents are not justified in returning the petitioner's proposal.

4.Therefore, this writ petition is disposed of with a direction to the petitioner to resubmit the application for approval within a period of two weeks from the date of receipt of a copy of this order. On such submission, the second respondent shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this court has not expressed any thing on the merits of his claim. It is the responsibility of the authority to ascertain whether the claim made is proper and it fulfils the requirements for approval. There shall be no order as 3/5

to costs. Consequently, connected miscellaneous petitions are closed.

28.08.2023 dsk To 1.The Chief Educational Officer, Tiruchirappalli, Tiruchirappalli District.

2.The District Educational Officer, Lalgudi, Tiruchirappalli District.

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B.PUGALENDHI, J.

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