Chennai: The Madras high court has directed the State Education secretary, Director of School Education and the Chief Educational Officer, Ariyalur district, to remain present in the court on February 21 and file their personal affidavits explaining the reasons for non-compliance of its earlier order relating to unauthorized and unrecognized schools in the state.
A division bench comprising Justices Vineet Kothari and Anita Sumanth gave the directive while passing further interim orders on a petition from Tamizhaga Consumer Protection Movement, which sought a direction to verify whether four schools in Ariyalur district are having affiliation or recognition and if not, take appropriate action against them.
The bench said Special government pleader C.Munuswamy appearing for the state has filed a status report in pursuance to the direction of this court dated January 3, 2019, in which the Chief Educational Officer, Ariyalur has submitted that 3 of the schools are duly recognized and registered with the NOC issued to them by the department. However as regards to Jai Hind International School, it is submitted that the said institution is unauthorized and without obtaining any certificate of recognition from the competent authority, it is imparting education to the students up to primary level. It is also brought to its notice that action has been initiated against the said institution by issuing a notice way back on June 12, 2017 under section 18 (1) of Right of Children to Free and Compulsory Education Act.
However, the said institution appears to have filed a petition in this court and the same was pending consideration. SGP has stated across the Bar that there is no interim order in favour of the school prohibiting any further action on the part of the department to proceed against the institution. “Surprisingly, despite the said position, no action appears to have been taken against the said institution and it continues with its business as usual. If there was no any interim order, one would have expected the department to proceed with the said unauthorized institution to its logical end. We expect the same to be done at least by the next date of hearing with a report before this court”, the bench added.
The bench said the order dated January 3, 2019 passed by this court had directed the department to furnish a comprehensive and detailed status report about the private schools and colleges imparting education without affiliation to the CBSE to this court. The said report has not been furnished by the
department today without assigning any proper and cogent reasons for such non-compliance. But the respondents (authorities) have complied by
submitting the status report about the 4 institutions.
“We, therefore, direct Secretary concerned of the Education department, Tamil Nadu, Director of School Education, Tamil Nadu and the Chief Educational Officer, Ariyalur district, to remain present in the court on the next date of hearing and file their personal affidavits explaining the reasons for non compliance of the
earlier order of this court and also ensure that such comprehensive report as directed earlier is filed well in advance before the next date of hearing so that the court can take appropriate view of the matter about the working of unauthorized and unrecognized schools and colleges in the state and the action if any taken by the department and if not the reason for not taking action. The court may also ask the officials concerned who are responsible for submitting such an incomplete status report in the court to make security deposit from their personal resources in the registry of this court to ensure proper and meticulous compliance of the court direction from time to time”, the bench added and posted to February 21, further hearing of the case.
