Court Type : High Court

Court Name : High Court of Madras

Bench : Principal Bench of Madras High Court

Reference Link : View Reference

Case Type : WMP

Filing Number : 139759

Filing Date : 2019-11-07

Case Registration Number : 35844

Case Registration Date : 2019-12-12

CNR Number : HCMA01-195148-2019

First Hearing Date : 2019-12-19

Decision Date :

Case Status : INTERIM INJUNCTION

Coram : 16375Honourable Mr Justice P.D.AUDIKESAVALU

Judicial State : TN

Judicial District : Chennai

Petitioner :
   1 ) Association of Mangement of Private Schools (CBSE)

Petitioner Contact :

Petitioner Advocate :
   1 ) Advocate- L.MURALI KRISHNAN R. Lakshmi Rajam,Hema Muralikrishnan

Respondent :
1 ) The Union of India

2 ) The Central Board of Secondary Education

3 ) The Central Board of Secondary Education

Respondent Advocate :

Respondent Advocate Contact :

Respondent Contact :

Linked Cases :

WP/35056/2019

Category Details : Education ( 54 )

Sub-Category Details :

Subject Matter :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant Interim Injunction restraining the 2nd and 3rd respondents, their officers and sub-ordinates from levying penalties stipulated in impugned Clause 12 of the impugned CBSE affiliation bye-laws, 2018 on the members of the petitioners association (IN WMP.NO.35844 OF 2019) pending disposal of the above writ petition NO.35056 OF 2019.

Brief Summary :

WP/35056/2019

Relief Sought :

1. Heard Mr. AR.L. Sundaresan, Learned Senior Counsel assisted by Mr. L. Murali Krishnan, Learned Counsel for the Petitioner, Mr. T.V. Krishnamachari, Learned Central Government Standing Counsel, who takes notice for the First Respondent and Mr. G. Nagarajan, Learned Counsel, who takes notice for the Second and Third Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
2. Learned Senior Counsel appearing for the Petitioner submits that the penalties provided in Chapter 12 of the Affiliation Bye-Laws of the Second Respondent, which is impugned in this Writ Petition, confer arbitrary and unguided power entailing adverse civil consequences to the affiliated schools and the same would have to be stayed till the disposal of the Writ Petitions, which contention is disputed by the Learned Counsel for the Respondents.
3. Having regard to the aforesaid submissions made, if the Second and Third Respondents intend to impose any of the penalties in Chapter 12 of the Affiliation Bye-Laws of the Second Respondent on the member schools of the Petitioner Association, the same shall be made only after obtaining prior permission of this Court, until further orders.

Related School :

Sri Vageesha Vidhyashram Senior Secondary school (CBSE)

Related Association :

Reference Uploads : 1

INTERIM INJUNCTION

35844-2019_0.pdf