This writ petition is filed for issue of a Writ of Certiorari to call for the records pertaining to the order passed by the 3rd respondent in Na.Ka.No. 136/A1/2016 dated 21.07.2016 and quash the same.
2. The Trust, by name, Syed Mohamed Tajunnissa Crescent Educational Trust was established in the year 31.05.2011 by the petitioner, for educational purposes and after the forming of the trust, the petitioner had applied to the 2nd respondent to start a school in the name of SMT Nursery and Primary School and after due acceptance following the due process of law, Classes from LKG to V standard were run in the said school and periodical renewal was also done in the year 2014 in respect of the said school. While so, the Trust proposed to start another school, namely, SMT Crescent Matriculation School, of which the petitioner is the correspondent and accordingly, the petitioner applied to the respondent Department and started Classes LKG to VIII standard in the year 2015. However, no approval had been obtained. The 3rd respondent, on 20.07.2016, conducted inspection of the school and after inspection, the impugned order dated 21.07.2016 was passed stating that though approval had been obtained by the petitioner only for Nursery and Primary school, students from VI Standard to IX standard have been admitted and therefore, directed the petitioner to transfer the students, who are studying in Classes VI to IX standard to some other recognised school nearby, failing which, it was observed by teh 3rd respondent that suitable action will be initiated in accordance with law. Challenging the said order, the present writ petition has been filed.
2. When the matter was called on 23.08.2017, this Court directed the educational authorities to accommodate the students in some other schools in the vicinity and for that purpose, authorisation was required to be given by the educational authorities for issuance of transfer certificates by the school in question. Accordingly, this Court directed the School Authorities to give authorisation to the petitioner school to issue transfer certificates and the same was directed to be accepted by the transferee school where the students are to be accommodated.
3. When the matter is called today, Mr.Marudhachalamoorthy, learned counsel for the petitioner and Mr.T.M. Pappiah, learned Special Government Pleader would submit that as per the impugned order and also the order of this Court dated 23.08.2017, the students have been accommodated in nearby schools.
N. KIRUBAKARAN,J.
nv
4. In view of the above development, the prayer sought by the petitioner has become infructuous. However, the writ petition is kept pending for deciding the general issue regarding the number of unapproved schools functioning in Tamil Nadu and what are the steps to be taken to re-accommodate the students, as stated in the order dated 07.08.2017.
5. Mr.T.M. Pappiah, learned Special Government Pleadr seeks time to answer the queries raised by this Court in the order dated 07.08.2017. Hence, for passing further orders, call the matter on 06.12.2017.
27.11.2017 nv To
1. The Chief Educational Officer, Nagapattinam, Nagapattinam District.
2. The District Primary Educational Officer, Nagapattinam, Nagapattinam District.
W.P. No.27076/2016
3. The Inspector of Matriculation Schools (Incharge), Tanjore.