Madras High Court
The Correspondent vs The Secretary To Government on 28 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.16155 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.16155 of 2021
and
W.M.P.(MD).No.13020 of 2021
The Correspondent,
St.Mary's Higher Secondary School,
Melpalai – 629 152,
Kanyakumari District. ... Petitioner
Vs.
1.The Secretary to Government,
School Education Department,
St.George Fort,
Chennai.
2.The Commissioner of School Education,
(Secondary Education),
DPI Campus, College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Kanyakumari District,
At Nagercoil. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records on the files
of the third respondent pertaining to its order bearing File No.50/E2/2021 dated
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.16155 of 2021
07.07.2021 and to quash the same and consequently directing the respondents to
grant permission to our School to start English Medium that is 11 th and 12th
standard equivalent to Tamil Medium with grant also include the students
studying in English Medium for the purpose of staff fixation within a time
frame that may be fixed by this Court.
For Petitioner : Mr.S.C.Herold Singh
For Respondents : Mr.P.Thambi Durai
Government Advocate
ORDER
This Writ Petition has been filed challenging the impugned proceedings
of the third respondent dated 07.07.2021 and for a consequential direction to the
respondents to grant permission to the petitioner School to start English
Medium in the 11th and 12th standard and also issue grant-in-aid for the students
studying in English Medium.
2. Heard the learned counsel appearing on behalf of the petitioner and the
learned Government Advocate appearing on behalf of the respondents.
3. The petitioner School was started in the year 1955 and it was upgraded
as High School in the year 1956. The petitioner School started English Medium
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section during the year 1998-1999 and were conducting English Medium
classes from 1st standard to 10th standard. Insofar as 11th and 12th Standard is
concerned, the petitioner School continued to impart education in Tamil
Medium. The petitioner wanted to start English Medium for 11th and 12th
standard also. In the meantime, G.O.Ms.No.148 dated 20.07.2019 was issued in
and by which permission was granted to the Aided Institutions to start English
Medium courses. The petitioner School being an aided Institution wanted to
take advantage of this Government Order.
4. The petitioner therefore made a representation to the respondents to
grant permission to impart English as a Medium of teaching for 11 th and 12th
standard also. The said request made by the petitioner was rejected by the third
respondent through the impugned proceedings dated 07.07.2021 and the same
has been put to challenge in this Writ Petition.
5. When the matter was taken up for hearing, it was brought to the notice
of this Court that this Court has passed an order in W.A.No.76 of 2019 dated
31.03.2021, wherein a direction was issued to the Education Department for
grant-in-aid to the courses or sections opened after 1991-1992 and to allow the
grant-in-aid to English Medium section also. In the light of the directions
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issued by this Court, the impugned proceedings of the third respondent may not
be sustainable. However, the third respondent in the counter affidavit has taken
the following stand at Paragraph No. 10 of the counter and the same is extracted
hereunder:
“10. It is submitted as for the decision in W.A.No.76 of
2019 dated 31.03.2021 as for granting aid to the courses or
sections opened after 1991-92 and to allow grants aid to
English medium sections, the Department has preferred
S.L.P. In the Supreme Court of India on -09-2021 against
the directions given by the Hon'ble High Court. The S.L.P
is still pending. The petitioner school cannot take the
orders dated 31.03.2021 in W.A.76 of 2019 batch cases as
no final verdict has been issued on the S.L.P and the matter
is subjudice. It is pertinent to submit that the Government
of Tamil Nadu has not issued any Government orders based
on the judgment.”
6. It is clear from the above that the Special Leave Petition is pending
before the Apex Court and depending upon the result in this appeal, the order
passed by this Court in W.A.No.76 of 2019 will become operational.
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7. It is also brought to the notice of this Court that during the pendency of
the SLP, no order has been issued by the Government by allowing grant-in-aid
for English Medium to any School. Hence, the petitioner has to necessarily
await for the final orders to be passed in the pending appeal before the Apex
Court.
8. In the result, this Writ Petition is disposed of with a direction to the
petitioner to await for the final result in the appeal that is pending before the
Apex Court and subject to the result of this appeal, it will be left open to the
petitioner to revive the claim for grant-in-aid for English Medium for Classes
11th and 12th standard. Even otherwise, if the petitioner wants to start 11th and
12th standard through English Medium without seeking for any grant-in-aid, it is
left open to the petitioner to make a representation / application in this regard
and the same will be independently considered by the third respondent without
going into the issue of grant-in-aid and subject to other conditions being
fulfilled by the petitioner. No costs. Consequently, connected miscellaneous
petition is closed.
28.11.2023
NCC:yes/no
Index:yes/no
https://www.mhc.tn.gov.in/judis
Internet:yes/no
Nsr
To
1.The Secretary to Government,
School Education Department,
St.George Fort,
Chennai.
2.The Commissioner of School Education,
(Secondary Education),
DPI Campus, College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Kanyakumari District,
At Nagercoil.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
Nsr
28.11.2023
https://www.mhc.tn.gov.in/judis
