S.Arokiam vs State Of Tamil Nadu Represented By on 12 December, 2014

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Madras High Court

S.Arokiam vs State Of Tamil Nadu Represented By on 12 December, 2014

Bench: K.B.K.Vasuki

       

  

   

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 12.12.2014

CORAM
								
THE HONOURABLE MS.JUSTICE K.B.K.VASUKI

W.P.(MD) No.7178 of 2007

S.Arokiam						...   Petitioner

Vs.

1.State of Tamil Nadu represented by
  the Secretary to Government,
  School Education Department,
  Secretariat,
  Chennai - 9.

2.The Director of Elementary Education,
  Chennai - 6.

3.The District Elementary Educational Officer,
  Ramanathapuram,
  Ramanathapuram District.

4.The Correspondent,
  R.C.Middle School,
  Melakavanoor,
  Paramakudi Taluk,
  Ramanathapuram District.

5.Rev. Fr.Arul J.Prakasam,
  Correspondent,
  R.C.Middle School,
  Melakavanoor,
  Paramakudi Taluk,
  Ramanathapuram District.         ... Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying
for issuance of a writ of Declaration to declare Sections 8(1)(a), 11(1)(b),
12(1), 14 to 18, 21(2) to 26, 31 to 33, 39(4), 41 to 45 and Rules of the
Tamil Nadu Recognised Private Schools (Regulation) Act and the Rules, as
applicable to the Respondent-4 and Respondent-5 Management as it is an aided
institution from Government.

!For Petitioner 		:   Mr.V.Panneer Selvam
							
For Respondents 1 to 3	:   Mr.G.Muthukannan
							    Government Advocate

For 4th Respondent		:   Mr.Isaac Mohanlal

For 5th Respondent		:   No appearance

:ORDER

The present Writ Petition is filed for declaring Sections 8(1)(a), 11(1)(b), 12(1), 14 to 18, 21(2) to 26, 31 to 33, 39(4), 41 to 45 and Rules of the Tamil Nadu Recognised Private Schools (Regulation) Act and the Rules, as applicable to the Respondents 4 and 5 Management, which is an aided institution.

2. Heard the rival submissions made on both sides and perused the records.

3. The issue involved in the writ petition is already dealt with by a Division Bench of this Court in W.P.Nos.4478 of 1994, etc. batch cases. The writ petitions were filed challenging various provisions of the Tamil Nadu Act 29 of 1974, as above referred to. The Division Bench has struck down certain provisions of the Act and the Rules as inapplicable to the minority institutions. When the same was challenged by the State before the Supreme Court, the Supreme Court remitted the matter to reexamine the issue in the light of the decision taken by the Constitution Bench of the Supreme Court in W.P.No.317 of 1993 (T.M.A. Pai Foundation and others Vs. State of Karnataka and others). After the matter was remitted back to the High Court, identical matters were attached along with the batch of cases. When the batch of writ petitions were taken up, the learned Advocate General filed an affidavit sworn to by the third respondent therein ? Joint Director of School Education (Secondary) regarding the proposal to replace old Act with new comprehensive Act. Based on such affidavit, the batch of writ petitions were disposed of with direction to the respondents to maintain status quo as on the date of earlier judgment of this Court, dated 17.12.1995, till the new Act comes into force.

4.In view of the above stated position, the present writ petition is disposed of with a direction to the respondents to maintain status quo as on 17.12.1975 till new comprehensive Act come into force. No costs.


								 	12.12.2014
Internet : Yes / No
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sj/gcg

To:

1.The Secretary to Government,
  School Education Department,
  Secretariat,
  Chennai - 9.

2.The Director of Elementary Education, Chennai ? 6.

3.The District Elementary Educational Officer, Ramanathapuram, Ramanathapuram District.

K.B.K.VASUKI, J.

gcg W.P.(MD) No.7178 of 2007 12.12.2014

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