ABSTRACT ‘School Education — Private Schools — W.P.No.36324 of 2016 (batch cases) ~ Directions of the High Court of Madras- Implementation — Grant of recognition to private schools for a period of three years - Orders - Issued hool Education (MS)Department 6.0, (Ms) No. 152 Dated 12.11.2021 Awoudtanaut aks) 2052 Glover aiqhLib, QUUA 26 Read:- 1. G.O. (Ms) No: 752 Education, Science & Technology (R1) Department, dated 02.09.1994 2. G.O. (2D) No. 48, School Education (X2) Department, dated 21.07.2004 3. GO. (Ms) No. 122, School Education Department, dated 14.09.2004. 4. G.O.Ms.No.131, School Education Department, dated 10.08.2006. 5. _G.O.(Ms) No. 270, School Education Department, dated 22.10.2012 6. Hon'ble High Court of Madras, order dated 22.09.2021 in W.P.No.36324 of 2016 (batch cases) 7. Form the Director of Matriculation Schools, Letter Re. No 4497/A1/2021, dated 12.10.2021 and 02.11.2021. From 1974 onwards, recognition for Private Schools (Aided and Unaided, including Matriculation schools, Anglo Indian Schools/Nursery Schools) was granted initially on a temporary basis for one to three years by the appropriate authorities of the Directorate of Elementary Education and Directorate of Schoo! Education and further renewals of such recognition are also granted by the authorities concerned. 2 Subsequently, in the Government Order first read above, the Government issued orders for grant of permanent recognition by the appropriate authorities in deserving cases in respect of all categories of temporarily recognized private schools (both aided and unaided, including Nursery, Matriculation, Anglo Indian schools etc.) which have been running with recognition for more than ten years and which are located in pucca buildings (with accommodation sufficient for the student strength), subject to the conditions that the management shall obtain the structural stability certificate from the concerned authorities continuously once in every three years and that failure to obtain and submit such certificate to the competent authority will entail withdrawal of such permanent recognition. 3. After the issuance of the above said Government order, a number of incidents took place concerning school buildings, class rooms, infrastructure of the Matriculation Schools endangering the safety of the children. This necessitated the formulation of various rules and regulations to protect school going children. To this.end, in the Government Orders 2% to 5" read above, Government issued various directives and guidelines to private schools pertaining to the safety of school children. 4. Further, a bus accident in a private school vehicle which claimed the life of a girl student necessitated the framing of the Tamil Nadu Motor Vehicles (Regulation and Control of Schoo! Buses) Special Rules, 2012. Consequent to the drowning of a student in a private school swimming pool, the Government have framed the Tamil Nadu Urban Local Bodies (Regulation and Monitoring of Swimming Pools) Rules, 2015. 5. The correspondent, Salvation Matriculation Higher Secondary Schoo! and others have filed W.P.No.36324 of 2016 etc., before the Hon’ble High Court of Madras with a prayer to grant permanent recognition to the petitioners’ recognized Matriculation Schools under the provisions of the Matriculation code based on G.O.Ms.No.752 Education, Science & Technology Department, dated 02.09.1994 and other subsequent Government orders. In the order 6” read above, the Hon'ble High Court issued the following directions on the prayer of the petitioners’ request to grant permanent recognition to their school: "4. The only reason why the petitioners have approached this Court is by virtue of GO.Ms.No. 752, 02.09.1994 being in force. A careful reading of all the subsequent Govemment orders that were brought to the notice of this Court by the leamed Additional Advocate General appearing on behalf of the respondents shows that there is absolutely no reference to GO.Ms.No.752 in any of the subsequent Government orders. In viow of the same, it cannot be assumed that GO.Ms.No. 752 has been subsumed by the later Government orders 5. In view of the above, all these writ petitions are disposed of with a direction to the respondents to give effect to the Government order in GO.Ms.No.752 dated 02.09.1994 til it is kept in force. A decision shall be taken in this regard by the 2 respondent within a period of 6 weeks from the date of receipt of the copy of this order.” 6. _ Inthe letter 7 read above, the Director of Matriculation Schools has stated that the devastating fire accident that occurred on 16.07.2004 at Sri Krishna ‘Aided Primary School at Kumbakonam in Thanjavur District due to the negligence of the school authorities claimed the lives of 94 children and 18 children sustained serious bum injuries which necessitates fresh orders regarding recognition. He has therefore requested the Government to withdraw the order regarding permanent recognition issued in the G.O. 1* read above, and to issue fresh Government Order to the effect that recognition shall be granted to all private schools for a period of three years or for the period specified in the structural stability certificate or Building Licence whichever is earlier, As regards the private schools which have been granted permanent recognition based on the G.O. 4" read above, such schools shall continue to be permanently recognised and shall continue to furnish the certificates mentioned in the Government Order 3" read above duly renewed and ‘submit the same to the competent authority, ia The Government, after careful examination of the proposal of the Director of Matriculation Schools, issue the following orders:(a) The orders issued in G.O.(Ms)No. 752, Education, Science & Technology (R1) Department, dated. 02.09.1994 granting permanent recognition is withdrawn; (b) ___ Recognition shall be granted to all private schools for a period of three years or for the period specified in the structural stability certificate or Building Licence whichever is earlier and which shall be renewed periodically; (c) _As regards the private schools which have already been granted Permanent recognition based on the orders issued in G.O. (Ms) No. 752 Education, Science & Technology (R1) Department, dated 02.09.1994, such schools shall continue to have permanent recognition and should furnish the certificates mentioned below duty renewed. The certificates should be valid on the date of submission of the prescribed certificates to the competent authority. |. Licence permitting the use of the school building as Public Building under the Tamil Nadu Buildings (Licensing) Act, 1965 (Tamil Nadu Act XIl! of 1965); | Structural stability certificate for the schoo! building issued by the Executive Engineers of the Public Works Department or from the Chartered Engineers in the panel of qualified and Registered Engineers maintained by the District Collectors in accordance with the Tamil Nadu Public Buildings (Licensing) Act, 1965; Ml Sanitary and hygiene certificate issued by the Health Officer of the locality, and 'V. _ No Objection Certificate obtained from the Station Officer (Fire and Rescue) in the area, where the school is situated. Failure to submit the certificates will entail withdrawal of such permanent recognition. (By order of the Governor) KAKARLA USHA PRINCIPAL SECRETARY TO GOVERNMENT To The Commissioner of School Education, Chennai-6. The Director of Matriculation Schools, Chennai-6 The Director of Elementary Education, Chennai-6. The Director, State Council of Educational Research and Training,Chennai-6. Copy: The Senior Personal Assistant to Hon'ble Minister for Schoo! Education,Chennai-9. The Senior Private Secretary to Principal Secretary to Government, School Education Department, Chennai-9. School Education (E.E.2/S..6/ERT) Department, Chennai-9 SFISC. MForwarded By Order/! R.C.No. YU A7 [Ay]2021 Hades: IS- 11.2091 ae - RDVWAY ; Spunaon ove Necoomy Ny ; (Copy) CarnpuntCassd Fr Yepreairon s “9 officer auton. ay DIREC Jo ‘wee rocaE OF mATCOLATON ScHOOLS ees CCHENNAI-800 003, Bt Devs tiroyfa Ceo) Dan