KANCHI KAMAKOTI PEETATHIPATHI JAYENDRA SARASWATHY SANKARA MATRICULATION SCHOOL Vs. THE STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) WE have heard Mr.N.G.R. Prasad, learned counsel for the appellant and Mr.R.Rajeswaran, learned Special Government Pleader who took notice for the respondents. By consent of the learned counsel appearing for the parties, the Writ Appeal itself is taken up for final disposal.

(2.) THIS Writ Appeal is directed against the interim order, dated 16.04.2015 passed by the learned single Judge in M.P. No. 1 of 2015 in W.P. No. 9817 of 2015.

(3.) IN this context, it is worthwhile to mention that the Government, by G.O.(2D).No. 48, School Education (X2) Department, dated 21.07.2004, has accepted the recommendations of the Committee constituted for fee structure, for indicating the minimum infrastructural facilities and also for specifying the salary scales for the teachers of the matriculation schools and matriculation higher secondary schools. Apart from going into these three issues and giving its recommendations, the Committee also recommended for strengthening of the Directorate of Matriculation Schools and also recommended for making suitable provision in the Code of Regulations for Matriculation Schools calling upon the permission granting authority to first satisfy itself that there is a felt -need for a matriculation school in the proposed locality, vis -a -vis a similar one or more than one already existing in the same locality or in its neighbourhood. The Government, after examination of the report of the said Committee and its recommendations/suggestions, passed the said G.O. specifying the details of fee structure, minimum infrastructural facilities indicating the land area, school buildings, class rooms and furniture, library, laboratory, play grounds, sanitary facility and also gave instructions on the salary of teachers and also stated that the recommendation with regard to the strengthening of the Directorate of Matriculation Schools would be considered separately at the time of reorganising the administrative set up of the entire School Education Department and further instructed the Director of Matriculation Schools to ensure reasonable distance between matriculation schools in the urban areas while recognising new matriculation schools so that there is no unhealthy competition among the schools and in respect of rural areas, a distance of at least 1 km. shall be maintained between two matriculation schools. The main challenge by the appellant is with regard to the prescription of 3 acres of minimum land area for the matriculation schools, as a condition specified in the said G.O. for granting recognition.