Ashram Higher Secondary School vs The Joint Director Of School Education on 30 November, 2022

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Madras High Court

Ashram Higher Secondary School vs The Joint Director Of School Education on 30 November, 2022

Bench: R.Vijayakumar

                                                                         W.P(MD)No.17117 of 2015



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 30.11.2022

                                                     CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                          W.P(MD)No.17117 of 2015
                                                    and
                                            M.P(MD)No.1 of 2015
                                                    and
                                    W.M.P(MD)Nos.6231, 6249 & 12633 of 2016

                     Ashram Higher Secondary School,
                     Manavadi Village,
                     Karur District,
                     Represented by its Correspondent / Secretary,
                     Mr.N.Karunakaran                                          ... Petitioner
                                                       Vs.

                     1.The Joint Director of School Education,
                       College Road,
                       Chennai-6.

                     2.The Chief Educational Officer,
                       Karur,
                       Karur District.

                     3.The District Educational Officer,
                       Karur,
                       Karur District.                                       ... Respondents
                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Certiorarified Mandamus,
                     calling the records relating to the proceedings of third respondent made

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https://www.mhc.tn.gov.in/judis
                                                                               W.P(MD)No.17117 of 2015

                     in      O.Mu.No:4931/A3/2015,         dated    11.08.2015    and     O.Mu.No:
                     4932/A3/2015, dated 11.08.2015 and the consequential proceedings of
                     the second respondent made in Na.Ka.No:7738/A4/2015, dated
                     24.08.2015 and quash the same and consequently direct the respondents
                     1 & 2 to grant recognition for the petitioner's school.
                                         For Petitioner  : M/s.K.Govindarajan
                                         For Respondents : M/s.J.John Rajadurai
                                                           Government Advocate

                                                          ORDER

The present Writ Petition has been filed challenging an order passed by the third respondent herein, under which, the recognition sought for by the writ petitioner to run a School was rejected.

2. According to the learned Counsel for the petitioner, the recognition order was rejected on the ground that, for the second floor, building plan approval has not been obtained from the petitioner School.

3. According to the learned Counsel for the petitioner, building plan approval has now been granted to the writ petitioner School for the second floor on 19.09.2022.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.17117 of 2015

4. In view of the building plan approval granted by the Town Planning authorities, the order impugned in the writ petition is set aside.

The matter is remitted back to the third respondent herein for fresh consideration, in the light of the building plan approval, dated 19.09.2022.

5. With the above said observation, the writ petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.




                                                                                 30.11.2022
                     Index             :     Yes / No
                     Internet          :     Yes / No
                     btr

                     To

1.The Joint Director of School Education, College Road, Chennai-6.

2.The Chief Educational Officer, Karur, Karur District.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.17117 of 2015 R.VIJAYAKUMAR, J.

btr

3.The District Educational Officer, Karur, Karur District.

Order made in W.P(MD)No.17117 of 2015 30.11.2022 4/4 https://www.mhc.tn.gov.in/judis

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