All India Private Educational Institutions Association, Represented by its. State General Secretary K.Palaniyappan, case regarding permanant recognisation order mhc orfer notice judge dandabani
Mhc order notice to govt judge dandabani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2021
All India Private Educational Institutions Association,
Represented by its. State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony,
Saligramam, Chennai. …Petitioner
-Vs-
1. The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
3. The Director of Matriculation Schools,
College Road,
Chennai – 600 006.
4. The Director,
Office of the Directorate of Elementary Education,
DPI Complex, College Road,
Chennai – 600006. …Respondents
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AFFIDAVIT OF THE PETITIONER
I, K.Palaniyappan, S/o. Kalyanasundaram, Hindu, aged about 49 years, having office at No.5, M.P.Avenue, Majestic Colony, Saligramam, Chennai – 600 093, do hereby solemnly affirm and sincerely state as follows:-
1. I am the State General Secretary of the All India Private Educational Institutions Association as such I am well acquainted with the facts of the case and I am competent to file this affidavit.
2. The petitioner states that, the Petitioner’s association is a composite unit of a registered association having registration No.3822 of 2003, consisting of Private schools which serve the need of education to all parts of Tamil Nadu state. The Petitioner’s association want to ventilate their grievance in the matter of grant of temporary recognition instead of grant of permanent recognition.
3. The petitioner states that, as per the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Rules framed thereunder, there is no such provision which can be invoked for restricting the recognition to certain years. In Tamil Nadu the Temporary recognition is granted with a rider that it should be renewed each and every year. Such a stand is arbitrary, unreasonable and unconstitutional action. Right to establish an education institution is a fundamental right and the said conduct of restricting and forcing the institutions to beg for recognition every year amounts to a
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restriction which is not reasonable as per the constitutional mandate. For necessary appreciation and clearance, we are extracting herewith the relevant provisions regarding the recognition and withdrawal recognition.
“Sec 11. Recognition of Private School.-(1) on receipt of an application by:—
(a) any private school in respect of which permission has been granted under section 6 or
(b) any minority school; which should reach the competent authority in a
complete shape before the 31st December of the year in which the school was established, the competent authority may, after satisfying itself, that
proper arrangements have been made for the maintenance of academicstandard in the school, that the provisions of this Act are complied with and that the prescribed conditions have been satisfied grant a certificate, recognizing the private school for the purposes of this Act.
(2) The Certificate under sub-section (1) shall be granted within such period as may be prescribed.
Sec 12. Withdrawal of recognition by competent authority.- (1) The competent authority may withdraw permanently or for any specified period the recognition of any private school:—
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(i) which does not comply with any of the provisions of this Act or any rules made or directions issued thereunder in so far as such provisions, rules or directions are applicable to such private school., or
(ii) in respect of which the pay and allowances payable to any teacher or other person employed in such private school are not paid to such teacher or other person in accordance with the provisions of this Act or the rules made thereunder, or
(iii) which contravenes or fails to comply with any such conditions as may be prescribed.
(2) Before withdrawing the recognition under sub-section (1), the competent authority shall give the educational agency an opportunity of making its representation.
(3) The competent authority, on withdrawal of the recognition of a private school under sub-section (1), shall make necessary arrangements for the continuance of the instruction of the pupils of the said private school in other recognised private schools.”
4. The petitioner states that, further the regulations framed for nursery and primary Schools also doesn’t restrict the period of recognition. Regulation 9 and 10 will clear the mist. On bear reading of the above provisions goes to show that there is no such thing called temporary recognition and recognition means a permanent recognition which can be withdrawn only under the circumstances stated under section 12 of
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the act and regulation 11 of the code as referred above. Hence restricting the Period of recognition is illegal. The petitioner states that, this Hon’ble court happened to settle the issue by setting aside an order of Grant of temporary recognition in the case of W.P.No.10804 of 2017 wherein citing the parimateria provisions this Hon’ble court had set-aside the order of temporary recognition granted by the concerned authorities.
5. The Petitioner states that, In light of the above the respondents should issue permanent recognition and it is always open to respondents to inspect the institutions if on any compliant received or even periodically which is always open and take appropriate action invoking section 12 of the act. The petitioner states that, when there is no provision under the act and Rules in restricting the period of operation of recognition, the Respondent’s authority can’t exercise a non-existing power which is not under the act or Rules. The petitioner on the above lines made a detailed representation to the respondents on 14.12.2018. The petitioner also moved this honourable High Court in W.P.No.5868/2019 and this court was pleased to decide along with the batch of writ petition by order dated 22.9.2021, directing the first respondent to give effect to the government order in Go Ms no 752 dated 2 .9 1994 till it is kept in force.
6. The petitioner states that the first respondent issued the impugned G.O.Ms.152 dated 12.11.2021 withdrawing the earlier G.O.152 permitting permanent recognition to the schools and ordered that recognition shall be granted to all private schools only for a period of
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three years or for the period specified in the structural stability certificate or building licence.
7. The petitioner submits that the first respondent has attempted to invalidate the judgement of this Hon’ble court by totally withdrawing the power to grant permanent recognition and enabling authorities only to grant temporary recognition up to a period of three years only, which is totally against the provisions of the statute. The petitioner having no other alternate remedy approaches decidable court under article 226 of the constitution of India among the following other
GROUNDS
A) The school by institution as nature is permanent and periodically submitting the essential certificates like the licence, structural stability certificate sanitary and fire safety certificates as required by the statute for number of years, which cannot be a reason for restricting the period of Recognition as temporary in nature keeping the management of private schools under constant danger of non-renewable of recognition by administrative delay and latches.
B) The power to withdraw recognition is an explicit power under section 13 of the act which can be exercised at any point of time by the authorities and therefore the reasoning of the impugned G.O is illegal unjust and unconstitutional.
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C) The right to maintain Private school is a fundamental right which cannot be curbed or curtailed by onerous conditions detrimental to the interest of the institution and also the student community.
D) The object of the government order is not in consonance with the object of the private school act which provides for unhindered administration of the school unless and until there areerror or latches on the part of the management in furnishing the certificates as required under the act.
E) The Power of the authorities under the act is unfettered to inspect, review or call for information from the school in relation to deficiencies and therefore restricting the period of recognition is beyond that scope of supervisory powers granted under the private school act.
F) As long as the management complies with the conditions of the act forsubmitting the necessary certificates ensuring the structural stability, licence, sanitary and hygiene certificate and fire safety certificate the petitioner is entitled for a permanent recognition.
G) The concept of temporary recognition for a permanent school running for decades will affect the administration of the school as the management willhave to be atthe mercy of the school authorities for each and every year despite having all the relevant criteria intact and in order.
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H) The impugned GO has by executive order has unconstitutionally sat on appeal and over held the judgement of this court passed under article 226 of the constitution of India.
I) Not withstanding any other ground, the impugned GO cannot be given retrospective effect to deprive the constitutional benefits obtained before this court.
J) The impugned government order requires compliance and certification before various authorities governed by various statutes leading to delay and administrative latches on their part, affecting the renewal of the school recognition.
It is therefore prayed before this Hon’ble Court may be pleased to issue an order, direction or writs especially in the nature of a Writ of Certiorari calling for the records relating to the G.O.Ms.152 dated 12.11.2021 passed by the first respondent and quash the same and consequential proceedings passed by the third respondent in Rc.No.4497/A1/2021 dated 15.11.2021 as illegal and pass such other orders as this Hon’ble court as may deem fit and proper in the circumstances of the case and thus render Justice.
It is also prayed that this Hon’ble Court may be pleased to grant in order of INTERIM STAY for operation of the impugned G.O.Ms.152 dated 12.11.2021 passed by the first respondent pending disposal of the above writ petition and thus render justice.
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It is also prayed that this Hon’ble Court may be pleased to grant in order of INTERIM STAY of the proceedings passed by the third respondent in Rc.No.4497/A1/2021 dated 15.11.2021 pending disposal of the above writ petition and thus render justice.
It is therefore prayed before this Hon’ble Court may be pleased to DISPENSE WITH the production of the impugned G.O.Ms.152 dated 12.11.2021 passed by the first respondent and consequential proceedings passed by the third respondent in Rc.No.4497/A1/2021 dated 15.11.2021 and thus render justice.
Solemnly affirmed at Chennai on Before Me,
this day of November, 2021 and
signed his name in my presence.
Advocate- Chennai
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MEMORANDUM OF WRIT PETITION
(Under Article 226 of Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2021
All India Private Educational Institutions Association,
Represented by its. State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony,
Saligramam, Chennai. . …Petitioner
-Vs-
1. The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2. The Director of School Education,
DPI Compound,
College Road,
Chennai – 600 006.
3. The Director of Matriculation Schools,
College Road,
Chennai – 600 006.
4. The Director,
Office of the Directorate of Elementary Education,
DPI Complex, College Road,
Chennai – 600006. …Respondents
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WRIT PETITION
The address for service of all notices and process on the petitioner is that of his counsel M/s. K.M.VIJAYAN ASSOCIATES at No. 42, Law Chambers, High Court Buildings, Chennai – 600 104.
The address for service of all notices and process on the respondents is as stated above.
For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an order, direction or writs especially in the nature of a Writ of Certiorari calling for the records relating to the G.O.Ms.152 dated 12.11.2021 passed by the first respondent and quash the same and consequential proceedings passed by the third respondent in Rc.No.4497/A1/2021 dated 15.11.2021 as illegal and pass such other orders as this Hon’ble court as may deem fit and proper in the circumstances of the case and thus render Justice.
Dated at Chennai on this day of November, 2021
Counsel for Petitioner
MEMORANDUM OF WRIT MISCELLANEOUS PETITION
(Under Article 226 of the Constitution of India0
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.M.P. No. of 2021
In
W.P. No. of 2021
All India Private Educational Institutions Association,
Represented by its. State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony,
Saligramam, Chennai. …Petitioner/Petitioner
-Vs-
1. The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2. The Director of School Education,
DPI Compound,
College Road,
Chennai – 600 006.
3. The Director of Matriculation Schools,
College Road,
Chennai – 600 006.
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4. The Director,
Office of the Directorate of Elementary Education,
DPI Complex, College Road,
Chennai – 600006. …Respondents/Respondents
STAY PETITION
For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to grant in order of INTERIM STAY for operation of the impugned G.O.Ms.152 dated 12.11.2021 passed by the first respondent pending disposal of the above writ petition and thus render justice.
Dated at Chennai on this day of November, 2021
Counsel for Petitioner
MEMORANDUM OF WRIT MISCELLANEOUS PETITION
(Under Article 226 of the Constitution of India0
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.M.P. No. of 2021
In
W.P. No. of 2021
All India Private Educational Institutions Association,
Represented by its. State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony,
Saligramam, Chennai. …Petitioner/Petitioner
-Vs-
1. The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2. The Director of School Education,
DPI Compound,
College Road,
Chennai – 600 006.
3. The Director of Matriculation Schools,
College Road,
Chennai – 600 006.
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4. The Director,
Office of the Directorate of Elementary Education,
DPI Complex, College Road,
Chennai – 600006. …Respondents/Respondents
STAY PETITION
For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to grant in order of INTERIM STAY of the proceedings passed by the third respondent in Rc.No.4497/A1/2021 dated 15.11.2021 pending disposal of the above writ petition and thus render justice.
Dated at Chennai on this day of November, 2021
Counsel for Petitioner
MEMORANDUM OF WRIT MISCELLANEOUS PETITION
(Under Article 226 of the Constitution of India0
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.M.P. No. of 2021
In
W.P. No. of 2021
All India Private Educational Institutions Association,
Represented by its. State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony,
Saligramam, Chennai. …Petitioner/Petitioner
-Vs-
1. The State of Tamil Nadu,
Rep by its Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2. The Director of School Education,
DPI Compound,
College Road,
Chennai – 600 006.
3. The Director of Matriculation Schools,
College Road,
Chennai – 600 006.
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4. The Director,
Office of the Directorate of Elementary Education,
DPI Complex, College Road,
Chennai – 600006. …Respondents/Respondents
DISPENSE WITH PETITION
For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to DISPENSE WITH the production of the impugned G.O.Ms.152 dated 12.11.2021 passed by the first respondent and consequential proceedings passed by the third respondent in Rc.No.4497/A1/2021 dated 15.11.2021 and thus render justice.
Dated at Chennai on this day of November, 2021
Counsel for Petitioner
IN THE HIGH COURT OF JUDICTURE AT MADRAS
(Special Original Jurisdiction)
W.P. NO. of 2021
All India Private Educational Institutions Association,
Represented by its. State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony,
Saligramam, Chennai. …Petitioner
-Vs-
1. The Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009 and 3 others. …Respondents
INDEX
————————————————————————————————
S.No. Date Particulars Page No.
————————————————————————————————
1. 02.09.1994 G.O.Ms.752
2. 05.06.2003 Certificate of registration of the Petitioners
Association
3. 22.09.2021 Order in W.P.Nos.36324 of 2019 and others
4. 12.11.2021 G.O.Ms.152
5. 15.11.2021 Proceedings of the 3rd respondent
6. Members list of the petitioners Association
————————————————————————————————
Certified that the above copies are true copies
Dated at Chennai on this day of November, 2021. Counsel for Petitioner
IN THE HIGH COURT OF JUDICTURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2021
All India Private Educational Institutions Association,
Represented by its. State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony,
Saligramam, Chennai. …Petitioner
-Vs-
1. The Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009 and 3 others …Respondents
SYNOPSIS
The earlier Government Order No.752 providing for permanent recognition is withdrawn by the impugned G.O allowing only a maximum of 3 years temporary recognition contrary to the recognition of Tamil Nadu Private Schools Regulation Act. Hence this writ petition
DATES AND EVENTS
1. 02.09.1994 Earlier Government Order No.752
2. 12.11.2021 Impugned Government Order No.152
3. 22.09.2021 Order in W.P.Nos.36324 of 2019 and others
4. 15.11.2021 Proceedings of the 3rd respondent
Dated at Chennai on this day of October, 2021
Counsel for Petitioner
IN THE HIGH COURT OF JUDICTURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2021
All India Private Educational Institutions Association,
Represented by its. State General Secretary K.Palaniyappan,
No.5, M.P.Avenue,
Majestic Colony,
Saligramam, Chennai. …Petitioner
-Vs-
1. The Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009 and 3 others …Respondents
INDEX
¬¬¬¬¬Sr.No Date Particulars Page No.
1. Dates, Events & Synopsis
2. Coding Sheet
3. Court Fee
4. Writ Petition
5. Dispense With Petition
6. Stay Petition
7. Stay Petition
8. Common Affidavit
9. Impugned Order
10. Typed set
11. 02.09.1994 G.O.Ms.752
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12. 05.06.2003 Certificate of registration of the Petitioners
Association
13. 22.09.2021 Order in W.P.Nos.36324 of 2019 and others
14. 12.11.2021 G.O.Ms.152
15. 15.11.2021 Proceedings of the 3rd respondent
16. Members list of the petitioners Association
17. Vakalat &
18. Batta
Certified that the above copies are true copies
Dated at Chennai on this day of November, 2021.
Counsel for Petitioner
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No. of 2021
M/s. K.M. VIJAYAN ASSOCIATES
R.O.C. No.7367/2015
Counsel for Petitioner
Cell No.: 94441 94861
