Private schools seek permanent recognition

Justice D Krishnakumar before whom the plea came up for hearing on Friday ordered notice to the Secretary, Department of School Education, Director of School Education and Director of Matriculation Schools.

AIPEIA represented by its general secretary K Palaniyappan had submitted that as per the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and Rules framed thereunder, there is no such provision which can be invoked for restricting the recognition to certain years.

Pointing out that in Tamil Nadu, temporary recognition is granted with a rider that it should be renewed every year, the petitioner contended that the right to establish an educational institution is a fundamental right and the said conduct of restricting and forcing the institutions to beg for recognition every year amounts to a restriction which is not reasonable as per the Constitutional mandate.

Also, noting that the regulation framed for nursery and primary schools also does not restrict the period of restriction, the plea submitted that there is no such thing called temporary recognition and recognition means a permanent recognition which can be withdrawn only under the circumstances stated under Section 12 of the Act and regulation 11 of the code.

Further, citing a MHC order which had set aside the order of temporary recognition granted by the authorities, the plea sought for a direction to the School Education Department to issue permanent recognition. It also held that it is open to the authorities to inspect the institution either based on a complaint or even periodically and take appropriate action invoking section 12 of the Act.