Madras High Court
The Director Of Matriculation Schools vs Ilm Matriculation School on 22 February, 2016
Bench: S.Manikumar, C.T.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.02.2016
CORAM
THE HONOURABLE Mr.JUSTICE S.MANIKUMAR
and
THE HONOURABLE Mr.JUSTICE C.T.SELVAM
Writ Appeal(MD)No.279 of 2016
and
CMP(MD)No.1527 of 2016
1.The Director of Matriculation Schools,
DPI Campus, College Road,
Chennai-600 006.
2.The Inspector of Matriculation Schools,
Puthukottai Region,
Puthukottai District. ... Appellants/
Respondents
Vs.
Ilm Matriculation School,
Narippaiyur Post,
Kadaladi, Ramanathapuram District,
rep.by its Correspondent Noorul Ameen ... Respondent/
... Writ Petitioner
Writ Appeal under Clause 15 of the Letters Patent, against the order
made in W.P.(MD)No.12065 of 2015, dated 23.07.2015.
!For Appellants : Mr.V.R.Shanmuganathan,
Spl.Govt.Pleader.
^For Respondent : Mr.V.M.Bala Mohan Thambi
:JUDGMENT
(Delivered by S.MANIKUMAR, J) Mr.V.M.Bala Mohan Thambi, learned counsel, has entered appearance for the sole respondent/writ petitioner. By consent, the writ appeal is taken up for final disposal, at the stage of admission itself.
2.The respondent school is run by Ilm Educational Development Trust. It was established from the academic year 2014-15, as per the norms prescribed in the Code for Regulation of Matriculation Schools and various Government Orders. The school has constructed a building, in a vast extent of 6 acres, which is more than the requisite land area (3 acres) as per G.O.(2D)No.48, School Education Department, dated 21.07.2004, prescribed for rural areas. The school has constructed area of 12,934 sq.ft., with all infrastructural facilities with reference to Class Rooms, Furniture, Laboratory, Library and Sanitary facilities, etc., pursuant to the approval granted by Narippaiyur Village Panchayat in Proceedings No.1/2010, dated 15.04.2010 and Proceedings No.4 of 2014, dated 18.10.2014.
3.When the school submitted the proposals to the first appellant, through the second appellant, for grant of approval, the proposals were returned by the proceedings dated 11.03.2015, pointing out certain deficiencies. One such deficiency noted in the order dated 11.03.2015 was that the plan approval obtained from the Department of Town and Country Planning was not attached and it should be furnished. The respondent school resubmitted the proposals, after complying with all the deficiencies, except furnishing copy of the plan approval from the Town and Country Planning Department, and it is pending with the 2nd appellant. It is the contention of the respondent school that as far as rural areas are concerned, the competent authority is the respective panchayats to grant plan approval and in their case, the village panchayat has granted approval and accordingly it has constructed the school.
4.With the above contention, the respondent has filed a writ petition in W.P.(MD)No.12065 of 2015, seeking to quash the order of the first appellant in Na.Ka.No.195/A3/2015, dated 11.03.2015 and also for a consequential direction to the appellants to grant permission to run the respondent school with LKG to VIII standard, without insisting for the plan approval from the Department of Town and Country Planning. A learned Single Judge of this Court, after considering the matter in detail and finding that the issue involved has already been decided by this Court in W.P.(MD)No.20329 of 2014, dated 06.04.2015, disposed of the writ petition by order dated 23.07.2015, directing the appellants to take appropriate decision, in accordance with law, after hearing the respondent, within a period of two months from the date of receipt of a copy of the order. Aggrieved by the same, the present writ appeal by the Director of Matriculation Schools.
5.When the writ appeal is taken-up for hearing, both the learned counsel appearing for the parties fairly submitted that the issue involved in the present writ appeal is covered by the decision of a Hon'ble Division Bench of this Court in W.A.(MD)No.911 of 2015, dated 18.08.2015 and the order issued in the connected Contempt Petition (MD)No.1391 of 2015, dated 30.11.2015. Both the learned counsel for the parties also agreed for an order, on the same lines. Submission is placed on record. It is useful to extract the order passed in Contempt Petition (MD)No.1391 of 2015, dated 30.11.2015, which reads as under:
"This contempt petition arises out of an order passed by this Court in W.A.(MD)No.911 of 2015, dated 18.08.2015.
2.Heard Mr.Veeraraghavan Ramakrishnan, learned counsel for the petitioner and Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondent.
3.The petitioner's school was not granted recognition, in view of the debate as to whether the panchayat was competent to grant approval for the building plan or whether the Directorate of Town and Country Planning alone was competent. The issue was resolved by the Division Bench, in the writ appeal as follows:
"14.As has been pointed by Mr.B.Pugalendhi, learned Special Government Pleader appearing for the appellant, before grant of recognition, it is incumbent on the educational authorities to indicate what are all the requirements the law requires and the directions of the Hon'ble Supreme Court in Avinash Mehrotra, cited supra, have been complied with by the schools, while seeking recognition and what are the requirements/directions yet to be complied with by the schools. We expect the educational authorities that before granting recognition, they should be very clear whether all the requirements of law/defects pointed out have been complied with by the schools who seek approval and thereupon take a decision, in either way. We, therefore, modify the order of the learned Single Judge to the effect that the application of the respondent school for recognition should be considered in the parameters of the various guidelines issued by the Government and in the light of the decision of the Hon'ble Supreme Court in Avinash Mehrotra vs. Union of India, reported in (2007) 6 SCC 398 and after getting clarification from the concerned Panchayat or from the Town and Country Planning Authorities, whether building plan approval has been granted to the respondent school, as required under law. Therefore, the respondent school be informed about the status, so that they can workout their remedy. For compliance, the appellant is directed to clarify all these issues to the respondent school, by a letter, within two weeks from the date of receipt of a copy of this order and the respondent school shall comply the same within four weeks thereafter. On receipt of the reply, the appellant shall consider the same and pass appropriate orders, expeditiously."
4.Pursuant to the said order, the Director of Matriculation Schools has passed an order dated 15.10.2015, granting temporary recognition upto 31.05.2016, subject to various conditions. All the conditions listed in the order are usual conditions about which the petitioner has no quarrel. But one condition that compelled the petitioner to come up with the above contempt petition is to the effect that the questionof renewal of temporary recognition next year would depend upon a clarification issued by the Directorate of Town and Country Planning as to whether the building plan approval was granted to the petitioner after consultation with the Directorate.
5.It appears that the Directorate of Town and Country Planning was not responsive. Therefore, the petitioner applied under the Right to Information Act. The question raised by the petitioner to the Panchayat President and the reply given by the Panchayat President are of significance. In the Application, dated 17.10.2015, the question asked under the Right Information Act was as follows:
"1.whether you had granted approval to Kaviyan School Indira Nagar, Malayakoundanpatti, Ammayanaickanur, Kodai Road Post, Nilakottai Taluk, Dindigul District for the construction of a school building comprising ground + first floor measuring about 17,000 ft.2 per floor without consulting the concerned Joint Director or Deputy Director of Town and Country Planning?"
The reply given by the President of the Panchayat on 20.10.2015 is as follows:
"We hereby confirm that, we had granted approval to Kaviyan School Indira Nagar, Malayagoundanpatti, Ammayanaickanur, Kodai Road Post, Nilakottai Taluk, Dindigul District for the construction of a school building comprising ground + first floor + second floor measuring about Seventeen Thousand Square Feet (17,000 Sq.ft) in each floor in accordance to Rule No:
25 of the Tamilnadu Panchayat Building Rules 1997."
6.There is no denial of the fact that the prior consultation with the Director of Town and Country Planning was made mandatory only under Rule 25 of the Tamil Nadu Panchayats Building Rules, which reads as follows:
"25.Multi-storeyed and public buildings.--Every person intending to construct, reconstruct, add to or alter any public building other than Government building shall follow the provisions of the Multi-Storeyed and Public building Rules, 1973 issued under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920):
Provided that the executive authority shall not grant approval for construction, reconstruction, addition or alteration of any such building without consulting the concerned Joint Director of Deputy Director of Town and Country Planning."
7.Once the panchayat has clarified that the permission was granted as per the said rule, it cannot be expected that the petitioner should get further confirmation from the Directorate of Town and Country Planning.
8.Therefore, we clarify even while closing the contempt petition that unless and until the Directorate of Town and Country Planning particularly informs the Director of Matriculation Schools that Rule 25 extracted above was not followed, the respondent shall not deny the renewal of recognition for the next year. Of course, this will be subject to the compliance with the other conditions for the grant of renewal."
6.Having regard to the consensus, the present writ appeal is also disposed of on the same lines. No order as to costs. Connected CMP is closed.
To
1.The Director of Matriculation Schools, DPI Campus, College Road, Chennai-600 006.
2.The Inspector of Matriculation Schools, Puthukottai Region, Puthukottai District.
.