Azad Matriculation School v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.04.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.7398 of 2016 and C.M.P(MD)No.6216 of 2016 Azad Matriculation School, Rep. By its Secretary and Correspondent, 259, Eethuka perarthanai maithanam, VOC Road,Karaikudi, Sivagangai District. ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. By its Secretary, School Education (E1) Department, Fort St. George, Chennai.

2.The Inspector of Matriculation Schools, Office of the Chief Educational Officer, Tallakulam, Madurai - 625 002. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to accord the status of a Religious Minority Educational Institution to the petitioner school, by considering the application preferred by the petitioner, dated 17.10.2014 within the time that may be stipulated by this Court. For Petitioner : Mr.M.Mahaboob Athief For R-1 : Mr.M.Murugan, Government Advocate

ORDER

Mr.M.Murugan, learned Government Advocate takes notice for the first respondent.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

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3. The case of the petitioner is that the petitioner school was established in the year 1997-1998 and was administered by a society named Karaikudi Muslim Educational Association, a Society registered under Societies Regulation Act, for the benefit of the children belonging to Islamic faith. While the matter stood thus, the petitioner school preferred an application along with requisite documents, to the first respondent on 17.10.2014 seeking to accord the status of Minority Educational Institution. As there is no response, the petitioner has come forward with the present Writ Petition for the above stated relief.

4. Considering the limited scope of the prayer made, without going into the merits of the claim made by the petitioner school, the first respondent is directed to consider the application of the petitioner school, dated 17.10.2014 and pass orders on the same, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar pm To

1. The Secretary,State of Tamil Nadu, School Education (E1) Department, Fort St. George,Chennai.

2.The Inspector of Matriculation Schools, Office of the Chief Educational Officer, Tallakulam, Madurai - 625 002.

+1CC to Spl.Government Pleader Sr.No.21412 GJM/GSV/PM/28.4.16-2p-4C W.P(MD)No.7398 of 2016 15.04.2016 https://hcservices.ecourts.gov.in/hcservices/