The Madurai Bench of Madras High Court has ruled that as per relevant rules, the Panchayat President was the competent authority to grant approval for construction of school buildings in panchayat areas.
The court made the observation while allowing a petition by a private school against an order of the Director of Matriculation Schools directing it to obtain approval for the building from the Director of Town and Country Planning (DTCP).
Justice S.Vaidyanathan, in his order, said the executive authority in a panchayat was its president and as he had approved the building plan, the petitioner could not be faulted and denied permanent recognition on the ground that the approval had not been obtained from DTCP.
Also, the School Education G.O. Does not insist on the building plan to be approved by DTCP if the school was located in a panchayat area.
The judge set aside the November 18, 2014 order of the Director that the school should get building approval or face penalty.
The respondent should consider granting permanent recognition to the school on fulfilling all requirements pointed out by them, he said.
