NACHIARPURAM HINDU THODAKKAPPALLI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner challenges a notice calling for the production of specified documents. The main basis of challenge is that the Tamil Nadu https://www.mhc.tn.gov.in/judis/ W.P(MD)No.15138 of 2021 Recognized Private Schools (Regulation) Rules, 1974 specify that the competent authority to derecognize a school is the Chief Educational Officer, whereas the notice under challenge has been issued by the District Educational Officer. On such basis, the petitioner contends that the notice has been issued without jurisdiction.

(2.) Ordinarily, in judicial review, the Court does not interfere when a show cause notice or notice in relation to an inquiry is challenged. The exception is when such notice is ex facie without jurisdiction. In the case at hand, the allegation that the notice is without jurisdiction is made on the basis of the statement in the last line of such notice to the effect that if the documents called for are not produced it may become necessary to cancel the recognition granted to the School. On the basis of the said statement, it cannot be concluded that the District Educational Officer would proceed to initiate action for derecognition or that a decision for derecognition would be taken by the said officer. Therefore, at this juncture, it cannot be concluded that the notice is ex facie without jurisdiction.

(3.) It is submitted on behalf of the petitioner that the documents called for are already available with the authorities and that an inspection could be conducted if the authorities intend to examine the said documents. Even if that were true, it does not make out a case to interfere at this stage. The petitioner is in a position to provide copies of such documents and tender an explanation. It is also brought to the notice of the Court that the notice has been triggered by complaints received by the District Educational Officer. It is made clear that the petitioner should be provided copies of any documents that are proposed to be relied upon in course of an inquiry against the petitioner so as to enable the petitioner to respond appropriately to such materials.