Madras High Court
Sri B.S.Mootha Girls Senior ... vs Gajalakshmi Karnan on 15 June, 2023
W.A.No.1197 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1197 of 2023
1. Sri B.S.Mootha Girls Senior Secondary School
rep. by its Correspondent, Kishan Srisrimal Jain
D.No.80, Brindavan Street, West Mambalam
Chennai – 600 015.
2. Sri B.S.Mootha Girls Senior Secondary School
rep. by its Principal, Swarnalatha Gopalkrishnan
D.No.80, Brindavan Street, West Mambalam
Chennai – 600 015.
3. Sri B.S.Mootha Girls Senior Secondary School
rep. by its Administrative Officer, Raja Ganapathy
D.No.80, Brindavan Street, West Mambalam
Chennai – 600 015. .. Appellants
Vs
1. Gajalakshmi Karnan
2. The Principal Secretary
School Education
Fort St. George
Chennai – 600 009.
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W.A.No.1197 of 2023
3. The Director of School Education
DPI Campus, College Road
Nungambakkam, Chennai – 600 006.
4. The Secretary – CBSE (Head Office)
Shikha Kendra, 2 Community Centre
Preet Vihar, Delhi – 110 092.
5. The Regional Officer – CBSE
New No.3, Old No.1630A
'J' Block, 16th Main Road
Anna Nagar West, Chennai – 600 040. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 24.5.2023 passed in W.M.P.No.15537 of 2023 in
W.P.No.16148 of 2023.
For the Appellants : Mr.M.Velmurugan
for M/s.R.Nageshwara Rao
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by
Mr.K.M.D.Muhilan
Additional Govt. Pleader
for respondents 2 and 3
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.M.Velmurugan, learned counsel for the
appellants, and Mr.P.Muthukumar, learned State Government
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W.A.No.1197 of 2023
Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional
Government Pleader, for respondents 2 and 3.
2. Learned counsel for the appellants submits that the learned
Single Judge, in a writ petition filed by the first respondent, passed
an ex parte ad-interim order directing the present appellants to
allow the first respondent's younger daughter to continue her
studies in the appellant school.
3. Learned counsel for the appellants submits that the Right of
Children to Free and Compulsory Education Act, 2009 does not
apply to minority institutions. The appellant is a minority institution
and a certificate to that effect is also placed on record. Learned
counsel for the appellants relies on the judgment of the Supreme
Court in the case of Pramati Educational and Cultural Trust and
Others Vs. Union of India and Others, (2014) 8 SCC 1.
4. It appears that the learned Single Judge has passed an ad-
interim ex parte order. The appellants have every right to appear
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W.A.No.1197 of 2023
before the learned Single Judge, file a counter and raise all possible
defences available to it. Naturally, the same would be considered
by the learned Single Judge. As the order impugned is an ad-
interim ex parte order, we are not entertaining the present appeal.
5. It is for the present appellants to take appropriate steps
before the learned Single Judge by filing an application or counter,
as the case may be, and request the learned Single Judge to
consider the application and/or seek modification or setting aside of
the ex parte ad interim order.
6. With these observations, the writ appeal is disposed of. It
is made clear that we have not considered the contentions of the
appellants on merits. There will be no order as to costs.
Consequently, C.M.P.No.12201 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
15.06.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
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W.A.No.1197 of 2023
To:
1. The Principal Secretary
School Education
Fort St. George
Chennai – 600 009.
2. The Director of School Education
DPI Campus, College Road
Nungambakkam, Chennai – 600 006.
3. The Secretary – CBSE (Head Office)
Shikha Kendra, 2 Community Centre
Preet Vihar, Delhi – 110 092.
4. The Regional Officer – CBSE
New No.3, Old No.1630A
'J' Block, 16th Main Road
Anna Nagar West, Chennai – 600 040.
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W.A.No.1197 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.1197 of 2023
15.06.2023
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