The Madras High Court has directed the Tamil Nadu government to give effect to a 1994 GO which dealt with providing permanent recognition to private schools in the state. Justice N Anand Venkateh gave the direction recently while disposing of a batch of about 50 writ petitions from All India Private Educational Institutions Association, by its general secretary K Palaniappan and other private institutions, which prayed for a direction to the government to give effect to the GO dated September 2, 1994.
The judge directed the government to give effect to the GO till it is kept in force. A decision shall be taken in this regard within 6 weeks, the judge said. Earlier, the School Education Director submitted that the GO in question was issued in 1994 and subsequently, various incidents had taken place and several other GOs were passed and therefore, the 1994 GO had become otiose.
The judge said that a careful reading of all the subsequent GOs that were brought to the notice of the court by the Additional Advocate General shows that there is absolutely no reference to the 1994 GO in any of the subsequent ones. ”In view of the same, it cannot be assumed that the Go.Ms.No.752 has been subsumed by the later Government orders. In view of this, all these writ petitions are disposed of with a direction to the respondents to give effect to the 1994 GO till it is kept in force. A decision shall be taken in this regard by the 2nd respondent (School Education Director) within a period of 6 weeks from the date of receipt of the copy of this order,” the judge said.
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