1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7406 of 2011 And M.P.(MD).No. 1 of 2011 7th Day Nursery and Primary School (Near Periyanayagi Amman Koil) Melvaikottai Sivagangai District Rep. by its Correspondent - Gowri ... Petitioner -Vs- 1. State of Tamil Nadu Rep. by the Secretary Department of Education Fort St. George Chennai - 600 009 2. The District Primary Educational Officer O/o. The District Primary Educational Office Sivagangai District Sivagangai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to consider the petitioner's representation, dated 01.07.2011 and pass suitable order to run the 7th Day Nursery and Primary School, Melvaikottai, Sivagangai District. *** For Petitioner : Mr.R.Venkatesan For Respondents : Mr. S.Chandrasekar Government Advocate O R D E R The petitioner has sought for a Mandamus, directing the second respondent, viz., the District Primary Educational Officer, Sivagangai, to consider the petitioner's representation, dated 01.07.2011 and pass suitable orders to run the 7th Day Nursery and Primary School, Melvaikottai, Sivagangai District. https://hcservices.ecourts.gov.in/hcservices/ 2 2. According to him, the School was started in Sivagangai District and that, it has two qualified teachers, besides one Maid. Earlier, he made representation, dated 26.05.2011, to the District Primary Educational Officer, Sivagangai District, Sivagangai. Thereafter, about 25 students have been admitted to L.K.G., and U.K.G Courses. However, on 30.06.2011, the District Primary Educational Officer, Sivagangai District, came to the school and ordered to close the school. As admission had already commenced, the petitioner was constrained to make further representation, on 01.07.2011 to the second respondent, to pass suitable orders to run the school. As no orders have been passed, the petitioner constrained to prefer the present Writ Petition. 3. Heard the learned Government Advocate appearing for the respondents. 4. The Government have passed G.O.Ms.No. 484, Education, dated 24.04.1991 and subsequently issued further orders in G.O.Ms.No.117, School Education (Q-1), Department, dated 7.9.2004, prescribing a Code of Regulations for approved Nursery and Primary Schools in the State of Tamil Nadu. Wherein it is stated that all the unrecognized Nursery and Primary Schools as on the date of issuance of the Government Orders would be given approval by the Department on submission of particulars in the proforma prescribed in Annexure - I, to the Code of Regulations. Approval will be accorded for Nursery Classes and Primary Classes, i.e., Standards I to V that actually exist . The competent authority to grant approval to an unapproval of Nursery and Primary Schools or to upgrade the existing school will be the Director or an Officer authorised by him. The application should be in that proforma prescribed in Annexure - I. The fees have also to be paid in respect of every application to open an Approval Nursery and Primary Schools to the tune of Rs.500/-. The fee should be credited to Government under the Head of Account prescribed by the Department. 5. A perusal of the representation, dated 01.07.2011 stated supra enclosed in the typed set of papers filed along with this Writ Petition does not reflect the details, as per the Format No.I, to Annexure I of the Code of Regulations of Nursery and Primary Schools. Unless a proper application as per the prescribed Format and the Code of Regulation is made to the competent authority, the details cannot be verified and the application/ representation cannot be considered as per the Code. 6. In these circumstances, the writ petitioner has no right to seek for a Mandamus to consider his representations, which are in the only form of letters. 7. For the above said reasons, the prayer sought for by the petitioner cannot be granted. Hence, this Writ Petition is dismissed. It is open to the petitioner to submit an https://hcservices.ecourts.gov.in/hcservices/ 3 application, as per the Code of Regulation. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1. The Secretary State of Tamil Nadu Department of Education Fort St. George Chennai - 600 009 2. The District Primary Educational Officer O/o. The District Primary Educational Office Sivagangai District Sivagangai +One cc to The Spl Govt. Pleader, SR.No.21701 vsg rl/4c – 14.7.2011 W.P.(MD).No.7406 of 2011 And M.P.(MD).No. 1 of 2011 05.07.2011 https://hcservices.ecourts.gov.in/hcservices/