Bench dismisses petition

Updated on: Tuesday, January 25, 2011

The Madras High Court bench here has ruled that a school offering CBSE Syllabus till 10th standard could not say it had the right to seek permission and get the same for offering plus two courses under the Tamil Nadu Secondary Board Syllabus.
Dismissing the writ petition filed by the Principal of Raja's International School at Nagercoil,Justice K.Chandru said the petitioner did not have any fundamental right to start an institution of his own choice.

"Upgrading a High school to a higher secondary school will always be subject to norms laid down by the appropriate government...if the norm says that only high schools running standards sixth to 10th under State Board will be upgraded as
Higher Secondary schools for Plus two,no fault can be found in the same," the judge said.

He agreed with the government's argument that schools might become like tutorial colleges if they were allowed to follow one set of syllabus until Standard X and a totally different syllabus after that.

A government order had stated that self-financing High Schools in the State would not be given permission to start higher secondary classes.

The petitioner submitted that 288 students were studying in his school started in 2004 under CBSE stream. Now they were wanting to pursue plus two under state board. Hence the school made an application to the state government after abolition of entrance exam for professional courses in the state.

The Joint Director of School education said Government had taken a policy decision not to allow High schools following CBSE curriculum to start Higher Secondary schools with State Board syllabus.

The petitioner wanted to quash the government order and grant him permission.

The petitioner said two schools in Kanyakumari district --Adarsh Vidya Kendra in Nagercoil and NV K S school at Athoor --were conducting Higher secondary classes alone under state board, and added that rejecting a similar permission for his school alone was discriminatory.

Bench dismisses petition

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