Chennai:
The Madras High Court ordered the school education department to
accommodate students of 36 kindergarten A-schools in the city, which
have been shut as the management did not have any government
recognition to run the schools, to recognized CBSE schools near their
area.
Acting chief justice of Madras High Court Satish K Agnihotri and
justice M Sathyanarayanan after hearing writ petitions filed by the
parents ordered that the children who have studied in Chettinad
Foundation A-Schools be accommodated in other CBSE schools preferably
nearby to the area which they are residing in terms of Section 4 and 5
of the Right of Children to Free and Compulsory Education Act 2009.
The High court also directed Chettinad Foundation to issue transfer
certificates forthwith to all the children who have studied in
A-Schools.
It has also directed the management of Chettinad Foundation as well as
founder of the A-School Annamalai Chettiar to pay ‘jointly and
severally’ Rs 15,000 to the parents of the students admitted in
A-schools by way of interim compensation within a period of four weeks
from the date of receipt of copy of the order and without prejudice to
their rights and contentions.
The judges also stated that the parents are also at liberty to
approach the competent forum for getting refund of the fee as well as
claiming further compensation.
The order was passed after a total of 13 parents including P
Giridharan and J Sunderrajan filed two writ petitions to direct the
School Education Department to accommodate their children studying in
“A-School” run by the Management of Chettinad foundation “A-Schools”
represented by its Governor/ Administrator in some other recognized
Central Board of Secondary Education (CBSE) institutions as per the
section 5 of the Right to Children to Free and Compulsory Education
Act ,2009.
The 36 Schools are not recognized under the Tamil Nadu Recognition
Private Schools (Regulations) Act and Rules framed there under.
In the Counter affidavit filed by the Deputy Secretary, Government
School Education Department it was mentioned that the schools were
established by the management without prior permission or recognition
or affiliation from the authorities of State or before CBSE.
As per the circular issued by CBSE dated July 8, 2013, the amended
rules 3(3)(1) stipulates that the School seeking provisional
affiliation with the Board must have formal prior recognition of the
State and also produce evidence to that effect that the applicant
school had intimated to the concerned Education Department of the
State about the application made to CBSE for seeking affiliation with
the board.
The Madras High Court ordered the school education department to
accommodate students of 36 kindergarten A-schools in the city, which
have been shut as the management did not have any government
recognition to run the schools, to recognized CBSE schools near their
area.
Acting chief justice of Madras High Court Satish K Agnihotri and
justice M Sathyanarayanan after hearing writ petitions filed by the
parents ordered that the children who have studied in Chettinad
Foundation A-Schools be accommodated in other CBSE schools preferably
nearby to the area which they are residing in terms of Section 4 and 5
of the Right of Children to Free and Compulsory Education Act 2009.
The High court also directed Chettinad Foundation to issue transfer
certificates forthwith to all the children who have studied in
A-Schools.
It has also directed the management of Chettinad Foundation as well as
founder of the A-School Annamalai Chettiar to pay ‘jointly and
severally’ Rs 15,000 to the parents of the students admitted in
A-schools by way of interim compensation within a period of four weeks
from the date of receipt of copy of the order and without prejudice to
their rights and contentions.
The judges also stated that the parents are also at liberty to
approach the competent forum for getting refund of the fee as well as
claiming further compensation.
The order was passed after a total of 13 parents including P
Giridharan and J Sunderrajan filed two writ petitions to direct the
School Education Department to accommodate their children studying in
“A-School” run by the Management of Chettinad foundation “A-Schools”
represented by its Governor/ Administrator in some other recognized
Central Board of Secondary Education (CBSE) institutions as per the
section 5 of the Right to Children to Free and Compulsory Education
Act ,2009.
The 36 Schools are not recognized under the Tamil Nadu Recognition
Private Schools (Regulations) Act and Rules framed there under.
In the Counter affidavit filed by the Deputy Secretary, Government
School Education Department it was mentioned that the schools were
established by the management without prior permission or recognition
or affiliation from the authorities of State or before CBSE.
As per the circular issued by CBSE dated July 8, 2013, the amended
rules 3(3)(1) stipulates that the School seeking provisional
affiliation with the Board must have formal prior recognition of the
State and also produce evidence to that effect that the applicant
school had intimated to the concerned Education Department of the
State about the application made to CBSE for seeking affiliation with
the board.
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