Aided Elementary School Rep. by its Manager v. The District Elementary Educational Officer & Another
2009-07-28
M.JAICHANDREN
body2009
DigiLaw.ai
Judgment : Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the first respondent is directed to dispose of the representation, dated 01.01.2009, on merits, within a specified period. 3. It has been stated that a request had been made on behalf of the petitioner school, requesting the respondents to change the name of the educational agency of the Aided Elementary school, Vadakiruppu, in the name of Ms.T.Poongodi, since, her husband had died. It has been further stated that one Banumathi has filed a suit in O.S.No.102 of 2009, on the file of the District Court, Cuddalore. Further, the learned counsel for the petitioner had submitted that on the demise of the husband of Ms.T.Poongodi, who is the manager of the petitioner school, a proposal had been made to the first respondent, through the second respondent, to change the educational agency in her name. It is contented that the proposal has to be considered by the first respondent, under section 8 of the Tamil Nadu Private Schools (Regulation) Act, 1974, and he has to issue a formal order of approval transferring the management in the name of Ms.T.Poongodi as she is the legal heir of her late husband, R.Velmurugan. 4. The learned counsel appearing on behalf of the respondents had submitted that the representation of the petitioner, dated 01.01.2009, would be considered by the first respondent, on merits and in accordance with law within a stipulated time. 5. In view of the submissions made by the learned counsels appearing on behalf of the respondents, the first respondent is directed to consider and pass appropriate orders on the representation of the petitioner, dated 01.01.2009, after giving an opportunity of hearing to the persons concerned, including Ms. Banumathi, who had filed a suit in O.S.No.102 of 2009, on the file of the District Court, Cuddalore. The petitioner is directed to furnish a copy of the representation, dated 01.01.2009, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter. The writ petition is disposed of accordingly. No costs.