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ITEM NO.48 COURT NO.6 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 15702/2021
(Arising out of impugned judgment and order dated 31-03-2021 in WA (MD) No. 76/2019 passed by the High Court of Judicature at Madras at Madurai)
THE SECRETARY TO GOVERNMENT,
GOVERNMENT OF TAMIL NADU & ORS. Petitioner(s)
VERSUS
IRUTHAYA AMALI & ANR. Respondent(s)
(IA No. 126805/2021 – EXEMPTION FROM FILING O.T.
IA No. 76518/2022 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES)

WITH
SLP(C) No. 1941/2022 (XII)
(FOR ADMISSION)
SLP(C) No. 18207/2022 (XII)
(IA No. 124414/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 124416/2022 – EXEMPTION FROM FILING O.T.)
SLP(C) No. 17998/2022 (XII)
(IA No. 117067/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 117069/2022 – EXEMPTION FROM FILING O.T.)
SLP(C) No. 21857/2022 (XII)
(IA No. 124750/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 124752/2022 – EXEMPTION FROM FILING O.T.)
SLP(C) No. 9951/2022 (XII)
(FOR ADMISSION and I.R. and IA No.79818/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.79817/2022-EXEMPTION FROM
FILING O.T.)
SLP(C) No. 12693/2022 (XII)
(IA No.99083/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Diary No(s). 23687/2022 (XII)
(FOR ADMISSION and I.R. and IA No.127019/2022-CONDONATION OF DELAY IN FILING and IA No.127020/2022-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT)
Diary No(s). 26456/2022 (XII)
(FOR ADMISSION and I.R. and IA No.121975/2022-CONDONATION OF DELAY
IN FILING and IA No.121977/2022-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT)
SLP(C) No. 21418/2022 (XII)
(IA No.181858/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.181857/2022-EXEMPTION FROM FILING O.T.)
Diary No(s). 37372/2022 (XII)
(IA No. 197150/2022 – CONDONATION OF DELAY IN FILING
IA No. 197152/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
SLP(C) No. 5742/2023 (XII)
(IA No. 48592/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Diary No(s). 17505/2023 (XII)
(FOR ADMISSION and I.R. and IA No.109393/2023-CONDONATION OF DELAY
IN FILING and IA No.109395/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.109398/2023-EXEMPTION FROM FILING O.T.
IA No. 109393/2023 – CONDONATION OF DELAY IN FILING
IA No. 109395/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 109398/2023 – EXEMPTION FROM FILING O.T.)
Diary No(s). 35459/2023 (XII)
(IA No.179824/2023-CONDONATION OF DELAY IN FILING and IA
No.179825/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.179826/2023-EXEMPTION FROM FILING O.T.)
Date : 16-02-2024 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE HRISHIKESH ROY
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Jaideep Gupta, Sr. Adv.
Mr. Varun K. Chopra, Adv.
Mr. D. Kumanan, AOR Mr. Sheikh F Kalia, Adv.
Mr. Mehul Sharma, Adv. Mrs. Deepa. S, Adv.

For Respondent(s) Dr. Fr. Xavier Arulraj, Sr. Adv.
Mr. V. Balaji, Adv.
Ms. A. Arul Mary, Adv.
Mr. Asaithambi Msm, Adv.
Mr. Atul Sharma, Adv.
Mr. Anandan G, Adv.
Mr. Sasikumar B, Adv.
Mr. Nizamuddin, Adv.
Mr. Rakesh K. Sharma, AOR

               Ms. Rachana Srivastava, Sr. Adv.

Ms. Monika, Adv.
Mrs. Mona K. Rajvanshi, AOR Mr. Ashwani Kumar, Adv.

               Mr. M.P. Parthiban, AOR
               Ms. Priyaranjani Nagamuthu, Adv.

Ms. Shalini Mishra, Adv.
Mr. R. Sudhakaran, Adv.
Mr. T. Hari Hara Sudhan, Adv.
Mr. Bilal Mansoor, Adv.
Mr. Shreyas Kaushal, Adv.
Mr. P.V.k. Deivendran, Adv.

               Mr. Romy Chacko, AOR                       
      UPON hearing the counsel the Court made the following
                         O R D E R

SLP (Civil) No. 15702 of 2021
Heard Dr. Abhishek Manu Singhvi, learned senior counsel appearing for the petitioners. Also heard Dr. Fr. Xavier Arulraj, learned senior counsel appearing for the respondents.

  1. The counsel would refer to this Court’s proceedings dated 27.09.2023 and the earlier proceeding dated 10.08.2022 to point out that following the liberty granted in Clause (m) of Paragraph 95 in the impugned judgment dated 31.03.2021, the Tamil Nadu Private Schools (Regulation) Act, 2018 and Rules were enacted w.e.f. 20.01.2023. Thus the enacted laws will govern the process of approval for teachers in the concerned schools provided the individual and the school concerned satisfy the criteria laid down in the 2023 Regulations.
  2. However, the above 2023 Regulations and the Rules are subject matter of challenge before the Madras High Court and an interim order was passed therein on 21.04.2023, ordering status quo on the operation of the 2023 Regulations.
  3. The suggestion made by the two senior counsel to this Court is to relegate the parties to the pending proceedings in the Madras High Court. It is however submitted that the Division Bench should limit itself to the core direction given in sub-clause (i) of paragraph 95 of the impugned judgment dated 31.03.2021 in the Writ Appeal (MD) No. 76 of 2019 and need not be concerned with the other aspects in the earlier judgment (31.3.2021).
  4. Accepting the above submission, this matter is ordered to be closed by relegating the parties to the Madras High Court. It is made clear that the Court should decide the pending matter on merit without being influenced by any observation made by this Court during the pendency of the present proceeding or under the impugned order.
  5. In view of the above order passed today, if any contempt case has been filed, the same should be either deferred or closed. 7. Pending application(s), if any, shall stand disposed of.
    (NITIN TALREJA) (KAMLESH RAWAT)
    ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

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