KAVIYAN SCHOOL Vs. THE DIRECTOR OF MATRICULATION SCHOOLS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for quashing the impugned order passed by the respondent in NA.Ka. No. 6570/A1/2014 dated 18.11.2014, requiring the petitioner school to fulfill three conditions for granting temporary recognition with a consequential prayer to direct the respondent to grant permanent recognition to the petitioner School from LKG to X standards. The case of the petitioner school in nutshell is as follows:

(2.) Learned counsel for the petitioner submits that there is no need to obtain approval from the Director of Town and Country Planning, as the school is situated within the boundary of Malayakoundanpatti Panchayat and the competent authority for such approval therein is the President of the said Panchayat. He also drew the attention of this Court to the Tamil Nadu Panchayats Buildings Rules, 1997 and the relevant provisions are extracted hereunder:

(3.) Per contra, learned Government Advocate, appearing for the respondent contends that in terms of the Rule 25, which has been referred to above by the petitioner, the competent authority is only the Joint Director or Deputy Director of Town and Country Planning. Even assuming that no approval is required from the Joint Director or Deputy Director of Town and Country Planning, at least there should be a consultation by the authority with the concerned Joint Director or Deputy Director of Town and Country Planning and therefore, the act of the petitioner, in absence of such consultation, is erroneous and the relief sought for by the petitioner should not be granted. Learned Government Advocate drew the attention of this Court to G.O.(Ms) No. 270 School Education (X2) Department dated 22.10.2012, wherein it has been stated as under: