THE DIRECTOR OF MATRICULATION SCHOOLS Vs. KAVIYAN SCHOOL

JUDGEMENT

(1.) ONE Jegamathi Educational Trust, a public Educational and Charitable Trust, acquired 14.88 acres of land at Indira Nagar, Malayakoundanpatti, under a lease for 30 years, on 07.09.2006, for construction of a school (respondent school). The Trust submitted an application to Malayakoundanpatti village panchayat, seeking approval of building plan for construction of ground floor of the school building and the president of the said panchayat also granted approval of the building plan, in the year 2009 and construction of ground floor was completed. Thereafter, the respondent School made an application to the educational authorities seeking permission to commence classes from LKG to VI Standards, on 28.08.2009. On 04.01.2010, the Director of Matriculation Schools, the appellant herein, granted permission to the respondent School for commencement of Classes LKG to VI Standards, for three years, from 01.06.2009 to 31st May, 2012. On 02.03.2012, the respondent school submitted an application for renewal of recognition for LKG to VI Standards, with another application seeking permission to open additional standards from VII to XI standards. On 05.04.2012, Stability Certificate for the School Building has been granted by a recognized panel of engineers and it was submitted to the authorities. Since no order was forthcoming, the respondent school filed a writ petition in W.P.(MD) No. 5225 of 2013, before this Court, seeking for a direction to the educational authorities to grant permanent recognition for classes LKG to VI Standard and also permission for opening of additional classes from Standard VII to IX. On 26.04.2013, this Court granted interim direction to the authorities to renew the temporary recognition, pursuant to which, on 07.06.2013, the authorities granted temporary recognition for classes LKG to VI Standards, from 01.06.2012 to 06.05.2015.

(2.) IN the year 2013, the president of Malayagoundanpatti Panchayat approved the building plan for construction of additional first floor of the school building and on the strength of which, construction was complied in 2014. On 28.02.2014, this Court passed final orders in W.P.(MD) No. 5225 of 2013, directing the appellant to consider the application of the respondent school for permanent recognition. Pursuant to the orders of this Court, dated 28.02.2014, the officers of the appellant inspected the respondent's school on 08.04.2014. On 06.05.2014, the appellant permitted the respondent school to open additional classes from VII to X Standards. Thereafter, on 12.05.2014, the respondent school submitted a letter to the appellant, seeking permanent recognition, which was followed by a reminder on 29.05.2014. On 18.11.2014, the appellant passed the impugned order, among other things, requiring the respondent school to obtain building plan approval from the Directorate of Town and Country Planning, to grant recognition. The defects pointed out by the appellant, in the order dated 18.11.2014, translated in English, are as follows:

(3.) DEFECTS /Objections (a) to (d) are standard defects/objections. There is no indication that there is any short fall in compliance of those defects, thereby making it clear that the respondent school did not furnish any or all those particulars. So far as the specific requirements (1) to (3) are concerned, the primary stand of the Department before the learned Single Judge, through their counter affidavit, appears to be that the building plan approved by the panchayat president does not contain the approval of the Director of Town and Country Planning. On this short issue, the writ petition, apparently, has been decided. The learned Single Judge, taking note of the provisions of Rule 2(e), Rule 2(g) and Rule 25 of the Tamil Nadu Panchayats Building Rules, 1997 (in short "the Rules"), came to be conclusion as follows: