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2019 Supreme(Mad) 1672
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
P.V.K. Deivendran - Appellant
Versus
The Government of India, Rep. by its Secretary to Government, Department of School Education & Literacy, Ministry of Human Resource Development, New Delhi & Others - Respondents
W.P. No. 20515 of 2019 & WMP. No. 19784 of 2019
Decided On : 27-08-2019
For the Petitioner:V. Ayyadurai, Sr.Counsel, D. Selvam, Advocate.
The judgment establishes that the regulation and recognition of international education institutions in India are governed by contractual relationships, UK law, and compliance with Indian laws and regulations.
Headnote:
Mandamus - Regulation of Cambridge International Schools - Indian Companies Act 2013, Right to Education Act - Cambridge Assessment International Examinations (CAIE) - UK Law - Recognition of Cambridge education in India
Fact of the Case:
The petitioner sought a writ of Mandamus to regulate and supervise the educational system and monitor the administration of various centres registered as Cambridge International Schools in India, alleging exorbitant fees and lack of recognition.
Finding of the Court:
The court found that the respondent schools were imparting Cambridge education under a contractual relationship with centres under UK law, and there was no evidence of false representation or misinformation regarding recognition of the course in India. The court dismissed the writ petition.
Issues: Regulation of Cambridge International Schools, Recognition of Cambridge education in India, Misrepresentation or false information
Ratio Decidendi: The court held that in the absence of false representation or evidence of misleading students, the respondent schools were not carrying out any prohibited activity under the law.
Final Decision: The writ petition was dismissed with no costs, and the connected miscellaneous petition was closed.
JUDGMENT :
(Prayer: Writ petition filed under Article 226 of the Constitution of India, for a Writ of Mandamus, directing the first and second respondent to regulate, supervise the educational system and monitor the administration of various centres, registered in the name of Cambridge International Schools with the respondents 3 to 5 in India.)
1. Mr. P.V.K. Deivendran, a practicing advocate has filed this instant writ petition for a writ of Mandamus, directing the Government of India, Department of School Education & Literacy, and the State of Tamil Nadu, School Education Department, to regulate, supervise the educational system and monitor the administration of various centres, registered in the name of Cambridge International Schools with the respondents 3 to 5 in India.
2. The petitioner states that Cambridge Assessment International Education, located in United Kingdom, has in association with the Regional Director, Cambridge Assessment International Education, at Bandrakurla complex, Bandra East, Mumbai, has entered into contracts with 488 schools across the State, for imparting education. The petitioner states that the 3rd respondent has issued a bulletin regarding fee list. The introduction reads as under:-
“Cambridge Assessment International Education prepares school students for life, helping them develop an informed curiosity and a lasting passion for learning. We are part of the University of Cambridge. Our Cambridge Pathway gives students a clear path for educational success from age 5 to 19. Schools can shape the curriculum around how they want students to learn - with a wide range of subjects and flexible ways to offer them. It helps students discover new abilities and a wider world, and gives them the skill they need for life, so they can achieve at school, university and work.”
3. The cambridge schools are imparting cambridge curriculum. The curriculum is divided in four stages, 1) Cambridge primary for children below 5 to 11 years 2) Cambridge lower secondary for children below 11 to 14 years, 3) Cambridge upper secondary for children below 14 to 17 years and 4) Cambridge advanced for students from 16 to 18 years. In Cambridge primary, English (1st and 2nd language), Mathematics, Science, ICT and Cambridge Global Perspectives is taught. In Cambridge lower secondary, English (1st and 2nd language), Mathematics, Science, ICT and Cambridge Global Perspectives is taught. In Cambridge upper secondary, a wide choice of subjects at Cambridge ICSW (70+subjects), Cambridge O level (40+subjects) and Cambridge ICT certificate is issued. In Cambridge advanced, a wide choice of subjects at Cambridge international AS & A level (55+ subjects), Cambridge Pre-U (20+subjects) and Cambridge AICE Diploma.
4. The petitioner states that exorbitant fees are charged for all the courses. It is further states that the certificate obtained from these Schools are not recognized either with Union of India or with the respective Boards. The petitioner therefore, prays that these institutions are completely irregular having no recognition and therefore, the Union of India and State of Tamil Nadu have to regulate and supervise the educational system and maintain the administration of various centres.
5. Heard the counsel for the petitioner.
6. The material on record as filed by the petitioner would show that the petitioner has written a letter dated 10.03.2019, to the 3rd respondent, seeking information and the 3rd respondent replied by letter dated 02.04.2019, which reads as under:-
“(1) Does Cambridge Assessment International Examinations (CAIE) operate in India directly from UK or through your Corporate offices in India and its representatives?
Cambridge International operates in India from the UK, in that our contractual relationship with centres is conducted through a UK based entity, under UK law. Cambridge International has no contractual relationship with centres through any Indian entities.
(2) Which Indian law is followed to granting CAIE a
