1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12744 of 2011 and M.P.(MD).No.1 of 2011 The Correspondent, R.C.High School, Chembaruthivilai, Kanyakumari District, Pin Code 629 166. ... Petitioner Vs. 1. The Joint Director (Secondary Education), The Directorate of School Education, College Road, Chennai-600 006. 2. The Chief Educational Officer, Kanyakumari @ Nagercoil, Kanyakumari District 629 001. 3. The District Educational Officer, Thuckalay, Kanyakumari District. 4. The District Elementary Educational Officer, Kanyakumari @ Nagercoil, Kanyakumari District 629 001. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second and third respondents to forward forthwith the petitioner's proposal for recognition of the High School sections dated 25.08.2010 and 04.08.2011 to the first respondent Joint Director and further direct the Joint Director to consider and pass orders thereon within a stipulated time. For Petitioner : Mr.Isaac Mohanlal For Respondents : Mrs.S.Bharathi Government Advocate O R D E R The petitioner has come to this Court by filing the present Writ Petition seeking for the issuance of Writ of Mandamus to direct the respondents 2 and 3, the Chief Educational Officer, https://hcservices.ecourts.gov.in/hcservices/ 2 Nagercoil, Kanyakumari District and the District Educational Officer, Thuckalay, Kanyakumari District to forward the petitioner's proposal for recognition of the High School sections dated 25.08.2010 and 04.08.2011 to the first respondent, the Joint Director (Secondary Education), the Directorate of School Education, Chennai and further direction to the Joint Director to consider and pass appropriate orders thereon at the earliest. 2. The learned counsel for the petitioner submits that the petitioner school was founded in the year 1916 as a Primary School. The medium of instruction is Tamil. The school was established only to meet the needs of the field workers and daily coolies, who are living in and around Chemparuthivilai. Subsequently, the school was upgraded as a Middle School in the year 1964. It is also aided up to the Middle School level (standards I to VIII). As there had been a persistent request from the villagers to upgrade the school into high school, considering the said request of the villagers, the Diocese made arrangements for the introduction of High School section (self finance) and decided to start standard IX with effect from 01.06.2010, by making suitable arrangements for additional infrastructure facilities. The requirement of prior permission of Government prescribed under Section 6 of the Tamil Nadu Private Schools (Regulation) Act does not apply to Minority schools as said in Section 9 of the said Act. However, as required under Section 10 of the Act, the petitioner submitted a statement dated 01.06.2010, containing all the particulars regarding the upgradation of the school to the competent authority viz., the first respondent, Joint Director (Secondary Education) for grant of recognition to the High School sections. But till date, the said request has not been considered, even though there has been a proposal from the District Elementary Educational Officer, Nagercoil, the fourth respondent on 15.12.2010. On that basis, the petitioner has come to this Court seeking a direction to the respondents to consider his representation on the basis of the proposal already sent by the fourth respondent. 3. Mrs.S.Bharathi, learned Government Advocate appearing for the respondents would submit that the petitioner's representation was full of defects. Therefore, it was returned back to the petitioner to rectify the deficiencies and defects. But the petitioner without rectifying the crucial defects as indicated by the respondents, made a representation supported by the proposal from the fourth respondent hence, the petitioner's request cannot be considered until they rectified the defects. 4. The said statement made by the learned Government Advocate that there has been some defects still remain unrectified are stoutly denied by the learned counsel for the petitioner saying that all the defects have been fully complied with now. Therefore, when there has been a proposal made by the fourth respondent, the District Elementary Educational Officer, https://hcservices.ecourts.gov.in/hcservices/ 3 the petitioner's representation seeking upgradation to High School can be considered by the first respondent, the Joint Director (Secondary Education), the Directorate of School Education, Chennai on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. In the mean while, it is also open to the petitioner to rectify their defects, if any. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1. The Joint Director (Secondary Education), The Directorate of School Education, College Road, Chennai-600 006. 2. The Chief Educational Officer, Kanyakumari @ Nagercoil, Kanyakumari District 629 001. 3. The District Educational Officer, Thuckalay, Kanyakumari District. 4. The District Elementary Educational Officer, Kanyakumari @ Nagercoil, Kanyakumari District 629 001 +One CC to Mr.Isaac Mohnanlal, Advocate, SR.No.39116 +One Cc to the Spl Govt. Pleader, SR.No.39101 akv rl/7c – 14.12.2011 W.P.(MD)No.12744 of 2011 10.11.2011 https://hcservices.ecourts.gov.in/hcservices/