The court affirmed that educational institutions may be upgraded despite not meeting certain land area requirements, especially considering regional educational needs.

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sri Kanchi Kamakoti Peetathipathi Jayendra Saraswathy Sankara Nursery & Middle School (Now known as Sankara School, Pulivalam)

6/338 Thoppu Street Pulivalam, Thiruvarur District – 610 109, Rep by its Hon Correspondent, M.V.Balasubramanian .. Petitioner Versus

1. The Secretary to the Department of Education, Secretariat, Government of Tamil Nadu, Fort St. George, Chennai – 600 009.

2. The Director of Private Schools, Directorate of Private Schools, Perasiriyar Anbalagan Kalvi Valagam, Chennai – 600 006.

3. The District Educational Officer, Office of the District Educational Officer, Ground Floor, Collectorate Annexe Building, Thiruvarur – 610 004. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondent to accord upgradation to the petitioner as High School.

For Petitioner : Mr.S.Ravindran, Senior Counsel, for Mr.K.Thiyageshvaran For Respondents : Mr.M.Suresh Kumar, Additional Advocate General, Asstd. by Mr.A.M.Ayyadurai, Government Advocate

ORDER

This Writ Petition is filed for a mandamus directing the respondents to accord upgradation to the petitioner school as high school.

2. The case of the petitioner is that the petitioner is running a middle school at Thiruvarur district. The entire school is running with a charitable and pious purpose for the socially disadvantaged students. Good facilities are provided and education being imparted. Learning outcomes are good. When the school is now claiming upgradation from middle school to high school, permission is not granted. Therefore, the present Writ Petition.

3. The Writ Petition is resisted by the respondents. The grounds, on which, the school is not being granted upgradation is mentioned in paragraph No.7 of the counter-affidavit. The learned Additional Advocate General would submit that some of the shortcomings mentioned can be rectified. However, he would only insist upon the condition Nos.1, 4 and 16. The said three conditions are extracted hereunder for ready reference:-

(1) An extent of 2 acres of land in a compact block should be available and required for upgradation. But there is only very minimum space of 72.86 cents alone available in the School.

. , (4) The Lease deed Dt. 13.8.2024 executed by the Land Owner is only upto 28.7.2026 and the extent is only 0.29.50 Ares. As per rule 8(6) of Tamil Nadu Private School Regulation 2023, minimum required area is 2 acres in a compact area and if it is on lease land, the registered lease deed should be for a period of not less than 15 years.

. .

(16) It is humbly submitted that as per the computerised patta in the official website of Revenue Department the lands in RS.No.161/3 stands registered in the name of the following persons as on date i.e. 11.02.2026

161/3 0.29.50 1. Gopalan son of Srinivasan

2. Rajagopalan son of Srinivasan 3. Saminathan son of Srinivasan

4. Radhakrishnan Son of Srinivasan

5. Gothandaraman Son of Srinivasan But the Lease dated 28.3.2022 has been executed only by T.S.Gopalan and the validity of the said lease is in question since there is no registered Power deed in respect of the land in RS.No.161/3 which is said to have been declared in the year 2005 is not find a place in the Encumbrance Certificate taken from the official website of REGINET.”

He would submit that even the lesser extent is not contiguous and a residential house is also within the boundary. Therefore, he would submit that the school is not entitled for upgradation as per the rules that are on force.

4. I have considered the submissions made by the learned Senior Counsel for the petitioner school and the learned Additional Advocate General for the respondents.

5. With reference to the clause relating to two acres of land, it can be seen th