AKSHAYAH GLOBAL SCHOOL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the Learned Senior Counsel for the Petitioner and the Learned Government Advocate for the Respondents 1 to 3.

(2.) The petitioner School to cater the needs of Non Resident Indians and Foreign Nationals, had started Global school offering classes from kinder Garden upto 'A & ' level (Plus 2) under the Cambridge University based on United Kingdom Curriculum. It has obtained license from the Cambridge University to run the School as per the University curriculum. The intention of the School is to provide best quality education of International Standard to the children by following the Cambridge pattern of Schools. Till 2010, there is no provision or Educational Policy regulating the functions of Global Schools. After the implementation of Right of Children to Free and Compulsory Education Act, 2009 with effect from 01.04.2010, recognition of Global school is envisaged under Section 2 (n) (iii) of the said Act. Under the said Act, the 1st respondent is the Regulating Authority. So far, there is no policy declared by the 1st respondent regarding regulating the Global School. Being a Self Finance Institution, without getting aided from the state, there is no statute as on date to govern or regulate Global schools in Tamil Nadu. The Act 35 of 2019 intend to regulate Private schools in Tamil Nadu has not so far come to force since the Government has not so far appointed the date of effect by notification. Under such circumstances, when the petitioner approached the Authorities regarding issuance of No Objection Certificate, they directed to make an application under the Form prescribed under the Private School Regulations, 1973. When their application dated 04.12.2018 is pending, the 2nd respondent/Chief Educational Officer issued proceedings dated 03.06.2019 pointing out certain defects in the petitioner Institute regarding infrastructure. Also observed that for conducting classes from Pre-K.G to +2, the Institutes has not obtained recognition.

(3.) Referring 18(1) of the Right of Children to Free and Compulsory Education Act, 2009, the respondents has directed the petitioner/Institute to rectify the defects pointed out in the proceedings within 30 days and report. Further threatened that if the petitioner Institute fails to rectify the deficiencies within 30 days, then closure order will be issued.