Pandiselvi v. The Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).Nos.18893 and 13328 of 2021 Pandiselvi ... Petitioner in both cases Vs.

1.The Chief Secretary, St.George Fort, Chennai.

2.The Secretary, School Education, St.George Fort, Chennai-600 009.

3.The Commissioner, School Education, DPI Campus, Chennai.

4.The Regional Officer, CBSE Regional Officer, New No.3, (Old No.1630/A), J Block, 16th Main Road, Anna Nagar West, Chennai.

5.The Chief Educational Officer, O/o. Chief Educational Office, Tallakulam, Madurai.

6.The Chairman, Velammal Vidyalaya (CBSE), Velammal Village, Anuppanadi, Madurai-625009. ...Respondents in both cases Prayer in W.P.(MD).No.18893 of 2021: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to direct the sixth respondent to admitted the petitioner's son namely, S.Dheekshith of LKG under RTE of 25% seats and based on the petitioner's representation dated 23.09.2021.

Prayer in W.P.(MD).No.13328 of 2021: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to create as a common 1/4

portal for the private School of CBSE, ICSE, IGCSE in the Tamil Nadu School Education Website and to direct the sixth respondent to accept the petitioner's son's namely S.Dheekshith admission application under RET in 25% based on her representation dated 26.07.2021.

For Petitioner : Mr.A.Vadivel (In both Cases) For Respondents : Mr.K.S.Selva Ganesan (In both Cases) Counsel for State (for R1 to R3 & R5) : Mr.P.Karthick (for R4) Standing Counsel : Mr.L.Shaji Chellan Standing Counsel (for R6) COMMON ORDER Both these writ petitions relate to the admission of the petitioner's son, S.Dheekshith in the sixth respondent school under the RTE quota. Pursuant to an order dated 03.08.2021 in W.P. (MD).No.13328 of 2021, the application of the petitioner on behalf of S.Dheekshith was received by the sixth respondent school. In W.P.(MD).No.18893 of 2021, the petitioner seeks a direction for the admission of her son in the school under the RTE quota. 2.Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice for respondents 1 to 3 and 5; Mr.P.

Karthick, learned Standing Counsel, accepts notice for the fourth respondent; and Mr.L.Shaji Chellan, learned Standing Counsel, accepts notice for the sixth respondent. Mr.L.Shaji Chellan submits, on instructions, that the application would be considered and disposed of within two (2) weeks in accordance with the prescribed norms in such regard. It is submitted on behalf of the petitioner that the admission of S.Dheekshith was recommended by the fifth respondent under proceedings dated 29.07.2021.

3.On perusal of the proceedings dated 29.07.2021, it is evident that the direction is to consider the application on the basis of applicable Rules and to take appropriate action thereon. Indeed, the sixth respondent also states that the application would be considered in accordance with applicable Government Orders.

4.Accordingly, W.P.(MD).Nos.18893 and 13328 of 2021 are disposed of by directing the sixth respondent to consider and dispose of the petitioner's application for the admission of S.Dheekshith in LKG under the RTE quota within a period of two (2) 2/4

weeks from the date of receipt of a copy of this order by taking into account applicable Government Orders and norms in such regard, including the communication dated 29.07.2021 from the fifth respondent. However, there will be no order as to costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji 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 Chief Secretary, St.George Fort, Chennai.

2.The Secretary, School Education, St.George Fort, Chennai-600 009.

3.The Commissioner, School Education, DPI Campus, Chennai.

4.The Regional Officer, CBSE Regional Officer, New No.3, (Old No.1630/A), J Block, 16th Main Road, Anna Nagar West, Chennai.

5.The Chief Educational Officer, O/o. Chief Educational Office, Tallakulam, Madurai.

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6.The Chairman, Velammal Vidyalaya (CBSE), Velammal Village, Anuppanadi, Madurai-625009.

+2 CC to M/s.S.MARIAPPAMURALI, Advocate ( SR-32892,32891[F] dated 27/10/2021 ) +1 CC to M/s.A.VADIVEL, Advocate ( SR-33074[F] dated 28/10/2021 ) +1 CC to M/s.SPL.GP ( SR-33038,33041[F] dated 28/10/2021 ) W.P(MD).Nos.18893 and 13328 of 2021 27.10.2021 RK/SKN(19/11/2021) 4P 11C 4/4