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2010 Supreme(Mad) 1785

VASANTHAKUMAR, N.PAUL VASANTHAKUMAR
Kamaraj Memorial Higher Secondary School – Appellant
Versus
Government of Tamil Nadu & Others – Respondent


Advocates appeared:
For the Petitioners:K. Sathish Kumar, Advocate. For the Respondent:Ms. E. Ranganayaki, Government Advocate.

Judgment :

The prayer in the writ-petition is for issuing a writ of mandamus directing the respondents to grant recognition to the petitioner school from 6. 2002 without restricting the period of recognition and also without insisting upon the production of minority declaration order from the 1st respondent Government.

2. The case of the petitioner is as follows:

.(i) The petitioner School was established as an Elementary School in the year 1978 by a person belonging to linguistic minority (Malayalam) and recognition was also granted and the management was transferred in favour of the deponent of the affidavit, namely A. Kamalan on 17. 1978. The transfer of management was also approved by the Education Department in terms of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Rules framed thereunder. The School was thereafter upgraded as Middle School in the year 1985 and further upgraded as High School in the year 1990 and finally upgraded as Higher Secondary School during the year 1995-1996. The petitioner management filed a Suit to declare the School as a Minority Institution and it was declared as a linguistic minority School (Malayalam) in O.S.No.117 of 19























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