Madras High Court
The Correspondent vs The Director Of School Education on 8 June, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.2512 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.06.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.2512 of 2022
The Correspondent
Kalaimagal Vidhyalaya Nursery & Primary School,
Marudhur & Post,
Pinnalur (via) – 608 704,
Bhuvanagiri Taluk,
Cuddalore District. ...Petitioner
vs.
1.The Director of School Education,
College Road,
Nungambakkam,
Chennai – 600 034.
2. The Director of Matriculation Schools,
College Road,
Nungambakkam,
Chennai – 600 034.
3. The Director of Elementary Education,
College Road,
Nungambakkam,
Chennai – 600 034.
4. The Chief Educational Officer,
Cuddalore – 1.
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W.P.No.2512 of 2022
5. The District Education Officer,
Vadalur,
Cuddalore District.
6. The Block Education Officer,
Bhuvanagiri,
Cuddalore District. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of a writ of Certiorarified Mandamus, calling for
records and quash the impugned notice issued by the 6th respondent in his
proceedings in O.Mu.No.387/A1/2021 dated 14.10.2021 and
consequently directing the 4th respondent to pass an order upgrading the
recognition to the petitioner from Primary (LKG to V Std.) to Elementary
(up to VIII std.) within a time frame to be fixed by this Court.
For Petitioner : Mr.D. Baskar
For respondents : Mr.B.Vijay,
Additional Govt. Pleader
ORDER
This writ petition has been filed aggrieved by the order dated 14.10.2021 returning the petitioner's application seeking for upgradation of their school from Primary to Elementary on the ground that the 6 th respondent is not the competent authority.
2. Heard Mr.D. Baskar, learned counsel for the petitioner and Mr.B.Vijay, learned Additional Government Pleader for the respondents.
3. A counter affidavit has been filed by the 6th respondent and in https://www.mhc.tn.gov.in/judis 2/6 W.P.No.2512 of 2022 paragraph No.6, therein, it has been stated that the proposal for the upgradation submitted by the petitioner was returned by the 6th respondent only due to the fact that the petitioner has applied for upgradation of the School as Middle School with English Medium which come under the Code of Matriculation Schools and the powers are vested only with the Director of Matriculation Schools. The Director of Matriculation Schools is the second respondent in this writ petition.
4. The learned counsel for the petitioner would now submit that the petitioner is prepared to re-present the returned application seeking for upgradation with the second respondent and request this Court for a direction to the second respondent once such a representation is done to pass orders within a time frame to be fixed by this Court.
5. The learned Additional Government Pleader appearing for the respondents has also not raised any serious objection, if such a direction is issued by this Court.
6. No prejudice would be caused to the respondents, if a direction https://www.mhc.tn.gov.in/judis 3/6 W.P.No.2512 of 2022 is issued to the second respondent to pass final orders, once the application is re-presented by the petitioner with the second respondent within a time frame to be fixed by this Court.
7. For the foregoing reasons, this Court directs the petitioner to re- present the application, which was returned by the 6th respondent under the impugned order dated 14.10.2021 with the second respondent, within a period of one week from the date of receipt of a copy of this order. On receipt of the said application, the second respondent shall pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner including granting them the right of personal hearing, within a period of six weeks thereafter.
8. With the aforesaid directions, this writ petition is disposed of. No costs.
08.06.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 https://www.mhc.tn.gov.in/judis 4/6 W.P.No.2512 of 2022 To
1.The Director of School Education, College Road, Nungambakkam, Chennai – 600 034.
2. The Director of Matriculation Schools, College Road, Nungambakkam, Chennai – 600 034.
3. The Director of Elementary Education, College Road, Nungambakkam, Chennai – 600 034.
4. The Chief Educational Officer, Cuddalore – 1.
5. The District Education Officer, Vadalur, Cuddalore District.
6. The Block Education Officer, Bhuvanagiri, Cuddalore District.
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