The Principal Rajas International school vs Joint Director of School Education (Higher Secondary) and Chief Educational Officer

K. Chandru, J.—The Petitioner is the Principal of a private school. They have come forward to challenge the order, dated 12.6.2009 passed by the first Respondent Joint Director of school Education, Higher Secondary, Chennai and after setting aside the same, seeks for a consequential direction to permit the Petitioner to start 11th and 12th standards (Higher secondary section) under the Tamil Nadu State Board Higher Secondary syllabus.

Notice of motion was ordered in this writ petition on 19.1.2010. On notice from this Court, the first Respondent has filed a counter affidavit, dated 30.6.2010.

The case of the Petitioner was that the school was started in the year 2004. They are running classes from 1 to 10th standard and coaching the students for writing examinations under the Central Board of Secondary Education (CBSE). It is a co-educational institution with 288 children studying at present. They wanted to start additional classes, i.e. 11th and 12th standards. It is the case of the Petitioner that the students in their school are desirous of pursuing their higher secondary course under the State Board system. In view of the abolition of Common Entrance Examination for professional courses, an application was sent on 29.9.2008 to the second Respondent Chief Educational Officer, Nagercoil, which was forwarded to the District Educational Officer. The District Educational Officer had inspected the school on 2.12.2008. All the queries raised by him were answered.

It was also claimed that the Petitioner school was established by a trust comprising of Christian people. Therefore, it is entitled to be considered as a minority institution. It is also claimed that in the District of Kanyakumari, there are two higher secondary schools, i.e. Adarsh Vidya Kendra, Nagercoil and N.V.K.S. Higher Secondary School, Athoor which are having classes from 1st to 10th standards under the CBSE pattern. They have established 11th and 12th standards under the Higher Secondary pattern of State Board. By the impugned order dated 12.6.2009 the Petitioner''s request to consider the up gradation of the school was rejected on the ground that it was a policy of the State Government not to allow the schools affiliated to CBSE to start the higher secondary course with State Board that that too in English medium. The Petitioner contended that the policy of the State Government was illegal and volatile of Article 14 of the Constitution, since two other schools are having higher secondary sections under the State Board in the very same District.

In response to these allegations, in the counter affidavit it was stated that since the Government had not recognised the Petitioner institution as a minority institution, it is not a recognised minority institution. It was also stated that if any school is allowed only to start higher secondary course of the State Board, it will be like a tutorial college and lead to degrade the standard of education. The State Government had issued a Government order in G.O. Ms. No. 102, Education, dated 26.7.2001 that the self financing schools in the Tamil Nadu if applied only for starting 11th and 12th classes, they need not be given permission to have the higher secondary section. There is no provision to affiliate the CBSE schools under the State Board system. Any such attempt without approval by the Government will be illegal. A copy of the said Government Order was also produced.

It is stated that the policy of the State Government is that an affiliation cannot be granted only for higher secondary course as it would become tutorial college and the standard of education will fall. Only when the schools are running as high schools having 6th and 10th standard, they will be given further permission to upgrade the schools as higher secondary schools.

It must be noted that in this case, there is no challenge to the policy decision of the State Government. The Petitioner do not have any fundamental right to start an institution of his own choice and it is subject to the norms laid by the appropriate Government. If the State government had laid any norms that only high schools running from 6th to 10th standards under the State Board will be upgraded as higher secondary schools for running 11th and 12th standards, no fault can be found with the same especially when the State Government had stated that if such permissions are granted, it will run like a tutorial college and will lead to degradation of school education.

In view of the above, the writ petition is misconceived and bereft of legal reasons. Hence the writ petition will stand dismissed. However, there will be no order as to costs. Consequently, connected miscellaneous petitions stand closed.