Chennai: The Madras high court has dismissed a petition, which sought to declare as null and void, a 2004 government order, which prescribed possession of minimum extent of land for running matriculation schools as a condition precedent for grant of approval and/or recognition in their favour.
Justice R. Subbiah dismissed a petition by Sri Kanchi Kamakoti Peetathipathi Jayendra Saraswathy Sankara Matriculation School at Pulivalam village in Tiruvarur district.
According to petitioner, the school was a private primary school. Anticipating grant of recognition for commencing classes for higher secondary course under the matriculation curriculum during 2013, it has constructed a three-storied building adjoining the present structure. However, its application for recognition made in 2009, 2011 and 2013 has been rejected citing the 2004 G.O, which mandates possession of land measuring three acres as a condition precedent for grant of such approval. On the contrary, schools which were running within the corporation limits were required to provide land measuring only six grounds. Such a classification by government was arbitrary.
Concurring with the submissions of additional advocate general P.H. Arvindh Pandian, assisted by Additional government pleader P. Sanjai Gandhi, the judge said by virtue of the G.O, the government has taken a policy decision to bring about an uniformity in the functioning of matriculation schools by considering various factors.
Subsequently, the government has given time to the management to fulfill the condition by periodically extending the time for compliance. Moreover, taking into consideration the grievance of the school management, the government has constituted a committee to review the impugned order and to suggest ways and means. Therefore, it was not for this court to interfere with the same and to declare the impugned government order as ultra vires, the judge said.
