JEEVANA SCHOOLS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner-School was established by Jeevana Education Trust at Madurai in the year 1985. In 1985, Provisional Recognition was given to the Petitioner-School to start primary classes. In 1989, provisional recognition was given to start High School, both by the ICSE Board and by the State Board under matriculation curriculum. The Petitioner-School was also given provisional recognition to start Higher Secondary Classes in 1993 under the Matriculation Curriculum of the State Board. The provisional recognition of the Higher Secondary Course has been renewed periodically upto 2011. In the year 2008, the Petitioner-School opted to ICSE Board only for classes LKG to 10th standard and opted for State Board Syllabus for the Higher Secondary Education. Thus, the Petitioner-School imparts education upto X-standard in ICSE Syllabus and imparts Higher Secondary Education under the State Board Syllabus. The Petitioner made an Application to the 5th Respondent herein seeking renewal of the provisional recognition given for XI & XII standards. The said request of the Petitioner was rejected by the 5th Respondent, by his proceedings in Na. Ka. No. 4096/A4/2013, dated 22.8.2013, stating that as per G.O.Ms. No. 102, School Education U-2 Department, dated 26.7.2001, there is no scope to recognize a School that imparts education upto 10th standard under ICSE Board or some other stream to impart higher secondary education under the State Board. Challenging the same, the Petitioner is before this Court with this Writ Petition.

(2.) In this Writ Petition, it is contended that though the Petitioner-School is offering education upto 10th standard under ICSE stream as well as under Matriculation Stream, the School was granted provisional recognition to offer +1 & +2 classes in the School under Tamil Nadu State Board Syllabus and thus the School is entitled for renewal of provisional recognition. In support of the said contention, the Petitioner relies on G.O.Ms. No. 102, School Education-U2 Department, dated 26.7.2001. In the said G.O., the Government has directed that the Directorate of School Education shall not permit starting of Schools with only +1 & +2 classes, without having classes from 6th standard to 10th standard. The learned Counsel for the Petitioner would submit that the aim of the said G.O. is to discourage truncated Schools which are offering only +1 & +2 course alone, like tutorial institutions. In the case of the Petitioner, the Petitioner-School has got already classes upto 10th standard and therefore, according to the learned Counsel, the Petitioner-School is entitled for starting classes +1 & +2 under the Tamil Nadu State Syllabus.

(3.) Learned Counsel appearing for the Petitioner would further bring to my notice that a similar question arose before a learned Single Judge of this Court in W.P. (MD) No. 2473 of 2011. The Correspondent. The Little Kingdom Senior School, Vedapurai v. The State of Tamil Nadu and others. By Order dated 13.12.2011, the Writ Court directed the Joint Director of School Education (Higher Secondary), Chennai, to grant permission to the Petitioner therein to start +1 & +2 classes, though the said School was offering education upto 10th standard under a different stream. When the same was challenged by the Government in an Appeal in W.A. (MD) No. 118 of 2011, a Division Bench of this Court dismissed the said Appeal, thereby confirming the Order of the learned Single Judge. As against the same, the Government filed Special Leave Petition before the Hon'ble Supreme Court in SLP (Civil) No. 23223 of 2012. By Order dated 22.2.2013, the Hon'ble Supreme Court dismissed the said Special Leave Petition. However, the Hon'ble Supreme Court has left the question of law open.