Correspondent, G. P. Nursery & Primary School~ v. Director of Elementary Education, Chennai
2015-01-20
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment :- 1. Mr. J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission. 2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3. The petitioner is a Nursery and Primary School. This writ petition is filed challenging the notice issued by the third respondent dated 15.12.2014, wherein and whereby the petitioner's School was called upon to show-cause within fifteen days as to why the temporary recognition granted to the petitioner's School shall not be recommended to be cancelled. 4. Mr. Issac Mohanlal, learned Counsel appearing for the petitioner submits that the School was originally granted recognition for the period from 2004-2009 and thereafter, the recognition was not extended for further period in spite of making repeated and periodical applications seeking for recognition. Thus, he submitted that when all the applications filed by the petitioner seeking for recognition after the year 2009 are still pending, the impugned notice came to be issued proposing to cancel the temporary recognition for the reason that the School is functioning without recognition. 5. He pointed out that the impugned order is erroneous on the face of it on the reason that there was no temporary recognition granted to the School which is in force as on date of issuance of show-cause notice and only the periodical applications filed by the petitioner's School seeking for the recognition after 2009 are pending which were not at all taken into consideration. Thus, he submitted that there is no question of cancelling the recognition arise much less the temporary one as stated in the impugned order. 6. Therefore, he submitted that the authorities should be directed to consider the applications filed by the petitioner's School seeking for recognition. 7. Per contra, the learned Government Advocate appearing for the respondents submitted that the School has not followed the conditions imposed while granting earlier recognition. However, the learned Government Advocate appearing for the respondents fairly submitted that as on date, no orders have been passed in the applications filed by the petitioner seeking for recognition and they are pending. 8.
7. Per contra, the learned Government Advocate appearing for the respondents submitted that the School has not followed the conditions imposed while granting earlier recognition. However, the learned Government Advocate appearing for the respondents fairly submitted that as on date, no orders have been passed in the applications filed by the petitioner seeking for recognition and they are pending. 8. Considering the fact that the petitioner's School is granted recognition for the period from 2004-2009 and that there is no temporary recognition in existence as on today, I find that the impugned show-cause notice calling upon the petitioner's School as to why the so-called temporary recognition granted to the School shall not be cancelled, is not conveying any meaning and on the other hand it appears to have been passed without application of mind. Therefore, I find that there is no need for issuing such show-cause notice at all. All that the respondents could do, is to consider the applications filed by the petitioner's School seeking recognition in accordance with law without any further loss of time. 9. At this juncture, it is useful to refer to the order of First Bench of the Principal Seat of this Court made in W.P.No.18851 of 2014 dated 14.08.2014 wherein a Schedule was referred to carry out the inspection of various unrecognized nursery and primary Schools. 10. It is seen that as per the said Schedule, the final orders have to be passed by the authorities on or before 31.01.2015 and that while inspecting the Schools, if it is found that the School is ineligible for recognition, the same will be issued with closure notice immediately by the competent authority. Therefore, it is for the respondents to strictly adhere to the time Schedule referred to, in the order made by the Honourable First Bench in the said case. 11. Accordingly, the writ petition is disposed of, with a direction to the third respondent to consider the applications filed by the petitioner seeking for recognition and pass orders on the same on merits and in accordance with law on or before 31.01.2015, after making proper inspection. Consequently, the connected Miscellaneous petitions are closed. No costs.