BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2026 CORAM THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR and WMP(MD).No.8523 of 2023 M/s.Holy Angel Higher Secondary School (Christian Minority School)

Rep by its Correspondent No.2A, Kanagavel Colony Raja Mill Compound Madurai .....Petitioner Vs

1. The Government of Tamil Nadu Rep by its Principal Secretary Education Department Fort St.George Chennai 600 009

2. The Director of School Education College Road Nungambakkam Chennai 600 006

3. The Chief Educational Officer Madurai 625 002

4. The District Educational Officer Madurai 625 002 ....Respondents Prayer:Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 4^th respondent in his proceedings Athimu No.3386/A5/E22 dated 18.07.2022 and the consequential impugned order passed by the 4^th respondent in his proceedings in Oo.Mu.No.4167/A5/2022 dated 23.08.2022 and quash the same as illegal, arbitrary and without jurisdiction and consequently directing the respondents to grant permission to the petitioner School to impart education with English as medium of instruction from IX standard from the academic year 2022-2023 on the basis of the proposal of the petitioner dated 24.06.2022 within a time frame as stipulated by this Court.

For Petitioner :Mr.B.Saravanan Senior Counsel For Mr.D.Kirubakaran For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

The present writ petition has been filed by a Higher Secondary School challenging the order passed by the fourth respondent herein on 23.08.2022 wherein the request of the petitioner management to impart education in English medium for 9^th and 10^th standards from the academic year 2022-2023 has been rejected.

2.The petitioner School is a minority aided institution which is running classes from 6^th standard to 10^th standard. As far as the students strength of the School is concerned, it could be extracted from Paragraph No.5 of the counter filed by the respondents. Paragraph No.5 is extracted as follows:

5.I submit that writ petitioner School have been granted aid for Tamil Medium Sections in which they have following students:

6.From the said tabular column, it is clear that the petitioner School is not having enough students from Classes 6 to 8 to have two sections. Only in 9^th and 10^th standards, the petitioner School is having students strength to run more than one section. The petitioner management has submitted a proposal on 24.06.2022 seeking permission of the official respondents to run one English medium section each in 9^th standard and in 10^th standard. This request has been rejected under the impugned order on the ground that the School cannot seek to impart education in English medium only for 9^th and 10^th standards when they are running classes from 6^th standard onwards. It is further pointed out that without seeking permission to impart English medium education from 6^th to 8^th standards, the School Management cannot seek permission to run English medium Section from 9^th and 10^th standard onwards. This order is put to challenge in the present writ petition.

7.According to the learned Senior Counsel for the writ petitioner, G.O.Ms.No.148, School Education (Paka 6(1)) Department dated 20.07.2018 clearly points out that 50% of the Sections in each standard should be maintained as Tamil medium section. In such circumstances, unless the School has student strength in a particular standard, they cannot have two sections. Unless the School is able to have two sections, they will not be in a position to start an English medium section in order to comply with G.O.Ms.No.148, School Education (Paka 6(1)) Department dated 20.07.2018. Under such circumstances alone, the School Management has sought permission to run English medium section in the 9^th and 10^th standards alone considering the student strength.

8.Per contra, the learne