IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13-09-2017 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.28405 of 2014 & W.M.P.Nos.1 & 2 of 2014 W.M.P.No.1 of 2015 N.M.G.Nursery and Primary School, Rep.by its Correspondent S.Gomathi, No.792, Ahamadhiya Street, Pothakkudi, Needamangalam Taluk, Thiruvarur District. ... Petitioner Vs
1. The Chief Education Officer, Tiruvarur.
2. District Elementary Officer, Tiruvarur.
3. Assistant Elementary Educational Officer (Nursery), Tiruvarur. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance a writ of certiorarified mandamus, calling for the
records made in the impugned order in Na.Ka.No.3085-6/2014/A4 dated 23.06.2014 passed 1st respondents, quash the same and further directed the respondents to grant renewal of license to the petitioner's School namely, N.M.G. Nursery and Primary School, No.792, Ahamadhiya Street, Pothakkudi, Needamangalam Taluk, Thiruvarur District.
For Petitioner : Mr.A.Saranraj For Respondents : Mr.V.Anandhamoorthy, Additional Government Pleader O R D E R The writ petition has been filed by the school challenging the order passed by the first respondent, who rejected the renewal of license to the petitioner/school.
2. It is seen that only 18 students are studying in the school upto V standard. As on date, there is no approval to run the school and the future of the students should not be spoiled by undergoing education in an unapproved school. Therefore, the respondents are directed to accommodate the students studying in the unapproved school in the nearby schools within two weeks.
3. As far as the case of the petitioner is concerned, the petitioner is at liberty to file fresh application for grant of approval for running the school and on receipt of such application, the first respondent shall consider and pass orders on the petitioner's application within eight weeks thereafter.
4. In respect of W.M.P.No.1 of 2015, which was filed by the landlord of the petitioner/school, the landlord is not a necessary party for the proceedings between the petitioner and the official respondents and therefore W.M.P.No.1 of 2015 is dismissed.
5. With the above directions, this writ petition is disposed of and W.M.P.No.1 of 2015 is dismissed and W.M.P. Nos 1 & 2 of 2014 are closed. No costs.
13.09.2017 sai/tkp
N.KIRUBAKARAN,J
sai/tkp To
1. The Chief Education Officer, Tiruvarur.
2. District Elementary Officer, Tiruvarur.
3. Assistant Elementary Educational Officer (Nursery), Tiruvarur.
W.P.No.28405 of 2014
13.09.2017