The Madras High Court has served a notice to the Tamil Nadu government on a petition seeking to quash a Government Order (dated November 12, 2021) granting temporary recognition to private schools in the state. Justice M Dhandapani served notices to the respondents, including the Secretary and the Commissioner of the School Education Department.

The petitioner, K Palaniyappan, General Secretary of All India Private Educational Institutions Association, stated that as per the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the rules framed there under, there is no such provision that can be invoked to restrict the recognition to a certain number of years. In Tamil Nadu, the temporary recognition is granted with a rider that it should be renewed every year. Such a stand is arbitrary, unreasonable and unconstitutional action, said the petitioner.

Right to establish an education institution is a fundamental right and the said conduct of restricting and forcing the institutions to beg for recognition every year amounts to a restriction that is not reasonable as per the constitutional mandate, Palaniyappan stated. 

He further added that there is no such thing as temporary recognition and recognition means a permanent recognition, which can be withdrawn under adverse circumstances. The petitioner noted that when there is no provision under the Act and Rules in restricting the period of operation of recognition, the respondent authority can't exercise a non-existing power.