Madras High Court
Sri.A.Vamanan vs Government Of Tamil Nadu on 21 January, 2013
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2013
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.No.16700 of 2012
Sri.A.Vamanan ... Petitioner
Vs.
1.Government of Tamil Nadu,
Rep. by the Secretary to Government,
Education Department, Secretariat,
Chennai 600 009.
2.The Director,
Directorate of School Education,
College Road, Chennai 600 006.
3.The Chief Educational Officer,
Dindigul.
4.The Secretary,
Council for Indian School Certificate
Examination (ICSE),
Pragati House, III Floor,
47-48, Nehru Place,
New Delhi 110 019. ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus as stated therein.
For Petitioner : Ms.N.Mala
For R1 to R3 : Mr.M.Digvijay Pandian, AGP
For R4 : No Appearance
O R D E R
The petitioner seeks for issuance of writ of certiorarified mandamus to quash the order passed by the second respondent / the Director, Directorate of School Education, Chennai, in Na.Ka.No.7087/G1/E4/2012, dated 28.02.2012, and the consequential order passed by the fourth respondent / the Secretary, Council for Indian School Certificate Examination (ICSE), New Delhi, in TN/PAF/2012, dated 11.05.2012, by calling for the records connected thereto and consequently, to direct the fourth respondent to grant affiliation to the petitioner's school i.e., Brindavan Public School, Kilbhumi, Gymkhena Road, Kodaikanal 624 101, to ICSE Board without insisting on No Objection Certificate from the State Education Department i.e., respondents 2 and 3 herein.
2. The petitioner is the President of the Baktavatsalam Educational Trust, which is a public charitable Trust. The Trust runs various Schools, Polytechnics and Colleges. In the year 1983, the Trust established a school by name Brindavan Public School at Kodaikanal, which was affiliated to the Tamil Nadu Matriculation Board.
3. Whileso, the petitioner submitted necessary requisition letter for affiliation to the Council for Indian School Certificate Examination (in short "ICSE) / fourth respondent herein. The fourth respondent in his letter dated 28.12.2007 directed the petitioner to obtain necessary NOC from the State Education Department.
4. Thereafter, the petitioner made a representation to the second respondent for issuance of No Objection Certificate to switch over to ICSE pattern. The second respondent in his letter dated 28.02.2012 stated that he cannot grant NOC, since the School of the petitioner comes under the Director of Matriculation School and therefore, the petitioner should approach the Director of Matriculation School for the same. The said letter dated 28.02.2012 was communicated by the ICSE, vide their letter dated 11.05.2012, to the petitioner stating that the Director of School Education refused to grant No Objection Certificate and therefore, they could not consider the petitioner's application seeking affiliation.
5. The petitioner has filed the present writ petitioner with the aforesaid prayer.
6. Counter affidavit is filed by the second respondent refuting the allegations levelled in the affidavit filed in support of the writ petition.
7. Heard both sides.
8. Admittedly, the second respondent passed the order dated 28.02.2012 directing the petitioner to approach the Director of Matriculation Schools, as the petitioner is running a Matriculation School. Relevant passage of the order is extracted hereunder:
"1.nkw;go gs;sp bkl;hpf; gs;spahf bray;gl;L tUtjhy; bkl;hpf; gs;spf;Fhpa epyk; kw;Wk; fl;olk; nghd;wtw;iw - I.rp.v];., gs;spf;bfd khw;wk; bra;Jbfhs;s bkl;hpf; gs;sp ,af;FehplkpUe;J jilapd;ikr; rhd;W bgwg;glntz;Lk;.
2. mt;thW khw;wk; bra;ag;gLk; bghGJ rhh;e;j bkl;hpf; gs;spf;bfd bkl;hpf; gs;sp ,af;Feuhy; 30/06/2014 Koa tH';fg;gl;l bjhlh; m';fPfhuk; Mizfs; ,uj;J bra;ag;gl;L mjw;fhd bkl;hpf; gs;sp ,af;Fehpd; Miz efy; ,izf;fg;gl ntz;Lk;/
3.mt;thW bkl;hpf; gs;sp ,af;Fehpd; Mizg;go nkw;go bkl;hpf; gs;spf;Fhpa m';fPfhuk; jpUk;gg; bgwg;gl;l gpd;dnu. nkw;go gpUe;jhtd; gg;spf; gs;spia g[jpa gs;spahff; fUjp I/rp/v!;/,/ ghlj;jpl;lj;jpd; fPH; bray;gl mDkjpf;f fUj;JUf;fs; chpa tHpapy; Kjd;ikf; fy;tp mYtyhpd; ghpe;Jiua[ld; bgwg;gl;lhy; ghprPypf;f ,aYk;/
4.g[jpa gs;spf;fhd fUj;JUt[ld; ,izf;fg;gLk; midj;J rhd;whtz';fSk; g[jpjhf Vw;gLj;jg;gl;l gs;spapd; bgahpy; khw;wg;gl;L bgwg;gl;lhy; kl;Lnk ghprPj;J chpa Miz tH';f ,aYk; vdt[k; kDjhuUf;Fj; bjhptpf;fg;gLfpwJ/ vdnt bgwg;gl;l fUj;JU jpz;Lf;fy; Kjd;ikf; fy;tp mYtyh; K:ykhf kDjhuUf;Fj; jpUg;gg;gLfpwJ/"
9. But, in the counter affidavit, it is stated that there is no provision to switch over to ICSE stream in the Code of Regulation for Matriculation Schools.
10. The statement, as contained in the counter affidavit, has no substance. There cannot be any provision in the Code of Regulation for Matriculation School to switch over to another stream.
11. When the petitioner wanted to switch over to ICSE stream, the concerned authority of ICSE stream required No Objection Certificate from the Education Department. Therefore, when the petitioner applied before the Director of School Education, the said authority directed him to get No Objection Certificate from the Director of Matriculation School by order dated 28.02.2012. But, contrary to the same, it is differently stated in the counter affidavit as mentioned above.
12. In any event, when the Director of School Education directed in the order dated 28.02.2012 to get No Objection Certificate from the Director of Matriculation Schools, the writ petitioner should have approached the Director of Matriculation Schools, or in the alternative, the said authority should have been made as a party in this writ petition. Therefore, the petitioner is directed to approach the Director of Matriculation School for getting No Objection Certificate.
13. In these circumstances, I do not find any infirmity in the order of the fourth respondent refusing to grant recognition in favour of the petitioner for switching over to the ICSE stream. Hence, the writ petition fails and it is dismissed. However, the dismissal of the writ petition would not preclude the petitioner from approaching the Director of Matriculation School for getting No Objection Certificate. No Costs. M.P.No.1 of 2012 is closed.
21.01.2013 Index: yes/no Internet: yes/no rkm To
1.Government of Tamil Nadu, Rep. by the Secretary to Government, Education Department, Secretariat, Chennai 600 009.
2.The Director, Directorate of School Education, College Road, Chennai 600 006.
3.The Chief Educational Officer, Dindigul.
4.The Secretary, Council for Indian School Certificate Examination (ICSE), Pragati House, III Floor, 47-48, Nehru Place, New Delhi 110 019.
D.HARIPARANTHAMAN, J. Rkm
W.P.No.16700 of 2012
21.01.2013