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Full order of matric school case. THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos. 36324, 36329, 36333, 36331, 36332,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

 

DATED : 22.09.2021

 

CORAM :

 

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

 

W.P.Nos. 36324, 36329, 36333, 36331, 36332, 36325,36326,36327,36328,36330 of 2016, 2218, 2220, 2221, 2223, 2224, 2225, 2226, 2219, 2222 of 2018, 893, 899, 896, 904, 908, 911, 912, 902, 5868, 11465, 11625, 28140, 28145, 28148, 28152, 28156, 28143, 28149, 28154, 28160, 28169, 28161, 28168, 28172, 28173, 28243, 28163, 28165, 28175 of 2019

&

W.M.P.Nos. 31218, 31216, 31213, 31214, 31217, 31221, 31220, 31219, 31222, 31215 of 2016, 2716, 2717, 2718, 2720, 2722, 2723, 2721, 2724, 2719 of 2018 , 1022, 1004, 1008, 1011, 1013, 1015, 1001, 1019, 11863, 27789, 27793, 27797, 27799, 27808, 27794, 27798, 27806, 27819, 27827, 27811, 27815, 27820, 27915, 27825, 27829, 27831 of 2019

Salvation Matric Hr Sec School,

No.1, Salvation Avenue,

Thirumullaivoyal,

Chennai – 62

Rep. By its Correspondent,

Mrs. Rekha Manoharan                                                                          ….               Petitioner

~Vs~

  1. The State of Tamil Nadu,

Rep by its Principal Secretary to Government,

School Education Department,

Secretariat, Fort St.George,

Chennai – 600009

 

  1. The Director of matriculation Schools,

DPI Campus, College Road,

Chennai ~ 600006                                                                                    ….               Respondents

 

Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or any other appropriate Writ, Order or Direction in the nature of Writ directing Respondents to pass orders for grating permanent recognition to the Petitioners- recognized Matriculation Schools under the provisions of Matriculation Code based on G.O.Ms.No.725 Education, Science and Technology Department dated 02.09.1994 and other subsequent Government orders. Whithin a time frame to be fixed by this Hon-ble Court.

For Petitioner                        : M/S G.Sankaran

For Respondents      : Mr. J.Ravindran

Additional Advocate General Assisted by

Mr. A.Selvendran Government Advocate

 

O R D E R

The relief that has been sought for in all these writ petitions filed by various institutions pertains to invoking Go.Ms.No. 752 dated 02.09.1994 whereby the institutions are seeking for grant of permanent recognition of satisfying the requirements as stipulated in the Government order.

  1. The second respondent has filed a counter affidavit in all these writ petitions.  The stand taken by the second respondent is that the  Government order in question was issued in the year 1994 and subsequently, various incidents had taken place and several Government orders were passed and therefore, the  Go.Ms.No. 752 dated 02.09.1994 has become otiose.
  2. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.
  3. The only reason why the petitioners have approached this Court is by virtue of Go.Ms.No. 752, 02.09.1994, being in force. A careful reading of all the subsequent Government orders that were brought to the notice of this Court by the learned Additional Advocate General appearing on behalf of the respondents shows that there is absolutely no reference to Go.Ms.No. 752 in any of the subsequent  Government orders. In view of the same, it cannot be assumed that Go.Ms.No.752 has been subsumed by the later Government orders.
  4. In view of the above, all these writ petitions are disposed of with a  direction to the respondents to give effect to the Government order in Go.Ms.No.752 dated 02.09.1994 till it is kept in force. A decision shall be taken in this regard by the 2nd respondent within a period of 6 weeks from the date of receipt of the copy of this order.
  5. All these writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.

22.09.2021

To

  1. The State of Tamil Nadu,

Rep by its Principal Secretary to Government,

School Education Department,

Secretariat, Fort St.George,

Chennai – 600009

 

  1. The Director of matriculation Schools,

DPI Campus, College Road,

Chennai ~ 600006

N.ANAND VENKATESH, J.

 

sha/rka

 

 

 

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