Kathir Vidhyalaya Primary And Nursery ... vs The Director Of Matriculation Schools on 27 June, 2024

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Madras High Court

Kathir Vidhyalaya Primary And Nursery ... vs The Director Of Matriculation Schools on 27 June, 2024

2.The prayer in the writ petition is in two parts. The petitioner seeks extension of renewal of her recognition for primary and nursery sections for the year upto 31.05.2024. The petitioner also seeks recognition for her school as a matriculation school. The petitioner has given applications before the respondents 1 and 2 independently (vide Application Nos.619 and 620 in June 2024).

3.The writ petitioner is a Primary and Nursery School. It is functioning from the year 2005. The petitioner now wants to be upgraded and recognized https://www.mhc.tn.gov.in/judis 2/8 W.P(MD)No.12865 of 2024 as a matriculation school from the current academic year. Unfortunately, the petitioner does not have an approved building plan. The petitioner's claim is that the buildings were put up in the year 2008. The petitioner apprehends that her applications will not be considered on account of this fact. The petitioner wants to take advantage of the order dated 28.10.2022 made in a batch of writ petitions (W.P.Nos.24909 of 2022 etc). A learned Judge of this Court after considering G.O.(1D) No.221 School Education Department dated 10.08.2022 had issued certain directions. They are as follows:-

“22. In that view of the matter, this Court is inclined to dispose of these writ petitions with the following order:

i) That the members of the petitioners herein, who are the education institutions/schools or its Managements if made any construction for the purpose of running their educational institutions or schools after getting approval or without approval prior to 01.01.2011, the date on which Section 47-A of the Act has come into force, need not make any fresh application to the planning or building authorities for getting approval. But at the same time, if they made fresh construction after 01.01.2011 or additional construction, as the case may be, for which, if there is no approval obtained by them from the competent authority under the said act, those institutions and its Managements shall make an application to the competent authority i.e. planning or building approval authorities under the said Act and such proof shall be filed before the educational authorities, who are competent to consider the request of the individual schools or institutions like the members of https://www.mhc.tn.gov.in/judis 3/8 W.P(MD)No.12865 of 2024 the petitioners to consider the extension of recognition or approval of their school or educational institutions beyond 31.05.2022.

ii) If any of such institutions has not at all made any construction after 01.01.2011, a declaration to that effect in a format by way of an affidavit shall be given by each of the institutions to the educational authorities along with the application, that they have not put up any fresh or additional construction after 01.01.2011 for the purpose of running their educational institutions.

iii) If such an application is made by the institutions their application for extension of approval or recognition, as the case may be, can be considered and decided by the competent authorities of the education department on merits and in accordance with law within a reasonable time because it relates to the current academic year i.e., 2022-2023.”

4.I had occasion to follow the said order in W.P.(MD)No.769 of 2024 dated 21.02.2024. I had held as follows:-

“7.The second reason is no doubt well founded. But then the Government taken a policy decision vide G.O(ID)No.221 School Education Department dated 10.08.2022 to grant some kind of relaxation. Paragraph 6 of the said Government Order reads as follows:

“6.nkw;fhz; epiyapy>; bkl;hpFny\d; gs;spfs; ,af;Fehpd; fUj;JUtpid muR ghprPypid bra;J gs;sp khzhf;fh;fspd; eyidf;fUjp gs;spf; fl;llq;fs; rhh;ghf chpa mikg;gplkpUe;J xg;g[jy; bgwhj Raepjpapy; bray;gLk; midj;J tifahd gs;spfs; kw;Wk; epjp cjtpbgWk; midj;J tifahd gs;spfs;> efh; kw;Wk; Cuikg;gj[ ; Jiw / cs;@h;jpl;lf;FGkk; / brd;id bgUefu tsh;r;rpf; Fgkj;jpw;F nkny 8-y; gof;fg;gl;l muRf; fojj;jpy; Fwpg;gpl;Ls;s fhyj;jpw;Fs; tpz;zg;gpj;J mjw;fhd Mtz efiy chpa mYtyhplk; Kd;dpiyg; gLj;jpdhy; mj;jifa gs;spfSf;F 01.06.2022 Kjy; 31.05.2023 tiu bjhlh; mDkjp / mq;fPfhuk; tHq;f gs;spf;fy;tp Mizah; / bkl;hpFny\d; gs;spfs;

,af;Feh; / bjhlf;ff; fy;tp ,af;Feh; mth;fSf;F mDkjp tHq;fp muR MizapLfpwJ.” https://www.mhc.tn.gov.in/judis 4/8 W.P(MD)No.12865 of 2024 The said Government Order was considered by a learned Judge of this Court in W.P.Nos.24909 of 2022 etc. Vide order dated 28.10.2022, the following directions were passed:

“22. In that view of the matter, this Court is inclined to dispose of these writ petitions with the following order:

i) That the members of the petitioners herein, who are the education institutions/schools or its Managements if made any construction for the purpose of running their educational institutions or schools after getting approval or without approval prior to 01.01.2011, the date on which Section 47-A of the Act has come into force, need not make any fresh application to the planning or building authorities for getting approval. But at the same time, if they made fresh construction after 01.01.2011 or additional construction, as the case may be, for which, if there is no approval obtained by them from the competent authority under the said act, those institutions and its Managements shall make an application to the competent authority i.e. planning or building approval authorities under the said Act and such proof shall be filed before the educational authorities, who are competent to consider the request of the individual schools or institutions like the members of the petitioners to consider the extension of recognition or approval of their school or educational institutions beyond 31.05.2022.

ii) If any of such institutions has not at all made any construction after 01.01.2011, a declaration to that effect in a format by way of an affidavit shall be given by each of the institutions to the educational authorities along with the application, that they have not put up any fresh or additional construction after 01.01.2011 for the purpose of running their educational institutions.

iii) If such an application is made by the institutions their application for extension of approval or recognition, as the case may be, can be considered and decided by the competent authorities of the education department on merits and in accordance with law within a reasonable time because it relates to the current academic year i.e., 2022-2023.” The petitioner can definitely invoke the benefit of said Government Order. The petitioner is at liberty to approach the competent authority for regularising the construction already put up by them after the cut off date https://www.mhc.tn.gov.in/judis 5/8 W.P(MD)No.12865 of 2024 i.e., 01.01.2011. The petitioner may approach the first respondent with proof of having filed such application. Thereafter, the first respondent shall consider the petitioner's request for granting recognition for classes 7 to 10. Such an order shall be passed by the first respondent within a period of eight weeks after submission of application in the manner mentioned above by the petitioner herein. I make it clear that I have not gone into the merits of the matter. While considering the petitioner's application, the impugned proceedings shall not be referred to or relied upon.”

5.The same approach can be adopted in the present case also. Since the petitioner wants recognition for the school as a matriculation school, for classes 1 to 10, it is the first respondent who has to grant recognition. The second respondent is the authority competent to consider the petitioner's request as far as primary and nursery school is concerned. The second respondent shall consider the petitioner's application for recognition as primary and nursery school upto the academic year 2024-2025 on merits and in accordance with law. The first respondent will consider the petitioner's application for recognition as matriculation school from the academic year 2024 -2025 onwards. The respondents 1 and 2 will consider the petitioner's respective applications on merits and in accordance with law and pass final order within a period of eight weeks from the date of receipt of a copy of this order. The respondents 1 and 2 shall consider the petitioner's requests for grant recognition without taking note https://www.mhc.tn.gov.in/judis 6/8 W.P(MD)No.12865 of 2024 of the fact that there is no building plan approval. But the petitioner must satisfy the respondents 1 and 2 that the construction was put up before the cut off date ie., 01.01.2011. If the materials submitted the petitioner convince the respondents 1 and 2, the petitioner can be given relief. The petitioner can approach the competent authority to regularize the construction if it turns out that the construction was put up after the cut off date. In that event, the respondents 1 and 2 can go by the proof of submission of an application for regularization by the petitioner herein. In any event, the factum of the petitioner not having building approval will not be put against the petitioner. In other respects, I leave the issue to the discretion of the respondents 1 and 2.

6.This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed.





                                                                                    27.06.2024
                NCC               : Yes/No
                Index             : Yes / No
                Internet          : Yes/ No
                ias

                Note : Issue order copy on 08.07.2024.




https://www.mhc.tn.gov.in/judis
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                                                                  W.P(MD)No.12865 of 2024




                                                           G.R.SWAMINATHAN, J.

                                                                                     ias




                To:-

                1.The Director of Matriculation Schools,
                  Directorate of Matriculation Schools,
                  DPI Campus, Chennai.

                2.The Chief Education Officer,
                  Tirunelveli District,
                  Tirunelveli.

                3.The District Education Officer,
                  Tirunelveli District,
                  Tirunelveli.


                                                           W.P(MD)No.12865 of 2024




                                                                           27.06.2024


https://www.mhc.tn.gov.in/judis
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