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2015 Supreme(Mad) 3530
IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
R. Sudhakar and V.M. Velumani, JJ.
The Director of Matriculation Schools – Appellant
Vs.
Kaviyan School - Respondent
Writ Appeal (MD) No. 911 of 2015 and M.P. (MD) No. 2 of 2015
Decided On : 18-08-2015
For the Appellant : B. Pugalendhi, Spl. Govt. Pleader
For the Respondent: Ramakrishna Raghavan for K. Saravanan
Headnote:
Tamil Nadu Panchayats Building Rules, 1997 – Rules 2, 25 – Temporary Recognition – Approval of building plan – 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. – Held, It is incumbent on the educational authorities to indicate what are all the requirements the law requires and the directions of the Honble Supreme Court in Avinash Mehrotra, cited supra, have been complied with by the schools, while seeking recognition and what are the requirements/directions yet to be complied with by the schools. – Court expect the educational authorities that before granting recognition, they should be very clear whether all the requirements of law/defects pointed out have been complied with by the schools who seek approval and thereupon take a decision, in either way. – Court, therefore, modify the order of the learned Single Judge to the effect that the application of the respondent school for recognition should be considered in the parameters of the various guidelines issued by the Government and in the light of the decision of the Honble Supreme Court in Avinash Mehrotra vs. Union of India, reported in (2007) 6 SCC 398 and after getting clarification from the concerned Panchayat or from the Town and Country Planning Authorities, whether building plan approval has been granted to the respondent school, as required under law. – Therefore, the respondent school be informed about the status, so that they can workout their remedy. – For compliance, the appellant is directed to clarify all these issues to the respondent school, by a letter, within two weeks from the date of receipt of a copy of this order and the respondent school shall comply the same within four weeks thereafter. – On receipt of the reply, the appellant shall consider the same and pass appropriate orders, expeditiously. – Writ Appeal Disposed Of
R. Sudhakar, J.
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:
"(a) The basic infrastructure facility described below are in incomplete stages, (or)
b. Documents and Proofs described below have not been produced, (or)
c. Prescribed details have not been partly or completely filled up in the application form, (or)
d. Particulars furnished are incorrect or erroneous.
1. Building Plan approval has been approved by the Panchayat President. Approval of the Director of Town and Country Planning has not been obtained.
2. Order of the Collector, empanelling the Panel Engineer has not been enclosed.
3. Stability Certificate for the building First Floor (for Hundred persons) has been enclosed. Ground Floor Certificate has not been produced."
3. On receipt of the above order of the appellant, the respondent school, by its letter dated 10.12.2014, gave a reply to the appellant. In the meantime, the respondent school also obtained renewal of Licence under Tamil Nadu Public Building (Licensing) Rules. As there was no positi
