R. SURESH KUMAR
All India Private School Legal Protection Society – Appellant
Versus
State of Tamil Nadu, Rep. By its Principal Secretary to Government, School Education Department – Respondent
ORDER :
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Government Order in G.O(1D) No.221, School Education (MS) Department dated 10.08.2022 issued by the 1st respondent and to quash the same and consequently directing the respondents 1 to 4 to grant renewal of recognition for the petitioner schools for a period of three years as per G.O.Ms.No.152 School Education (MS) Department dated 12.11.2021 without insisting submission of application for obtaining concurrence of DTCP for the school building.
Since the issue raised in these writ petitions is one and the same, with the consent of learned counsel appearing for both sides, all these writ petitions were heard together and are disposed of by this common order.
2. The petitioners are associations of Education Institutions, their common grievance is that, Government issued a Government Order i.e., G.O.(1D) No.221 School Education Department dated 10.08.2022, under which, for extension of approval of the educational institutions i.e., Schools, who are the members of these petitioners Associations from 01.
The main legal point established in the judgment is the interpretation of Section 47-A of the Tamil Nadu Town and Country Planning Act, which determined the mandatory and optional nature of obtaining....
The impugned order was contrary to the court's earlier directions, and the authorities were obligated to consider the compliance furnished by the petitioner institution and pass necessary orders in a....
The court affirmed that compliance with safety and structural regulations is a pre-existing obligation for all educational institutions, and the challenged circular merely enforces these requirements....
The importance of following committee recommendations, principles of natural justice, and equal treatment of institutions in grant-in-aid decisions.
Sub-section (2) provides that where the Chief Executive Officer of the Authority resumes any site or building under sub-section (1) of Section 14, on his requisition, the Collector may cause the poss....
The main legal point established in the judgment is that the cancellation of approval and the impugned letter were not legally sustainable, and a mandamus cannot be issued to grant retrospective reco....
Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.
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