SANKARA BALA VIDYALAYA MATRICULATION SCHOOL Vs. COMMISSIONER AND SECRETARY TO THE GOVT OF TAMIL NADU EDUCATION DEPARTMENT

JUDGEMENT

(1.) THESE appeals are directed against the common order of the learned single Judge in W. P. No. 26826 of 2003 and W. P. No. 7430 of 2004 dated 15. 7. 2004. The writ petitioner is the appellant in these appeals.

(2.) IN the writ petitions, the petitioner has prayed for a Certiorarified Mandamus to quash the order of the Director of Matriculation Schools dated 15. 9. 2003 and 4. 3. 2004, withdrawing the recognition and refusing to extend the temporary recognition to the petitioner school for running Standards I to X and for a direction to the second respondent to continue to issue the certificate of recognition from time to time on the petitioner complying with the provisions of the Act and Rules relating to the conduct of Private Schools.

(3.) THE case of the writ petitioner is that the petitioner is a Public Trust organised for the cause of promoting education among the poor and the needy. It was established by one K. M. Subramaniam, who was a Chief Sales Officer of M/s. Binny Limited and was also a social worker, Member of the City Municipal Corporation and subsequently of the Tamil Nadu Legislative Assembly. On 10. 8. 1962, he executed and registered a trust deed, under which, "sri Saradha Educational Trust" was established. K. M. Subramaniam, his wife Saradha Subramaniam and S. Venkateswara Iyer were the trustees at that time. In the year 1966, K. M. Subramaniam, the owner of the property under dispute, resolved to lease out the property to the Trust. It was also resolved to permit the Trust to put up the construction of additional buildings on the property. The petitioner claims that the lease deed was also approved on 28. 3. 1967 in favour of the Trust for a period of 25 years on a monthly rent of Rs. 500/- to Mr. K. M. Subramaniam. The Trust took over the school, which later became a Secondary Educational School and is now a Matriculation School, imparting education upto X Standard. At present, about 500 students were studying with a strength of 30 teachers and 10 non-teaching staff. The school was being managed by a School Committee, of which, the deponent of the affidavit was the Correspondent.