Briefly cite certain achievements of the associations on the common problems:
In addition to the assistance extended to the institutions for their personal issues we also addressed following common issues which is a necessity to all the institutions.
Prior to the Kumbakonam incident, the Government was granting permanent recognition. Due to the Kumbakonam mishap, the Government revoked the same. We in our WP.No. 5868 before the Honorable High court of Judicature at Madras prayed to grant the permanent recognition to the members of the AIPEIA. The arguments are going on and expecting a favorable reply soon. There is no norm available or specified for fixation of years.
According to the Tamil Nadu Recognized private school (Regulation) rules 1974 and the code of regulation for Matriculation schools, Tamil Nadu recognizes starting of parallel CBSE board institution within the same campus. Obtained court directions on W.P.No.10208 from the high court judicature at Madras and stressing the state and central board to take decision in this regard.
Tamil Nadu Government vide their GO Ms. No.76 dated 14.06.2018 ordering the institutions to get the DTCP approval, though the institutions obtained the local body approval for getting recognition. AIPEA filed a writ vide no.17178 of 2018 wherein got the judgment that the order quashing the G.O. For the schools which constructed building prior to 01.01.2011 on 10.12.2018. A writ appeal was filed against the court order to exempt schools, which constructed the building after getting approval from the local authorities without specifying the date vide W.A. No. 233 on 03rd January 2019 and obtained a stay for the judgment.
Meanwhile the Tamil Nadu Government vides their letter No. 1818/MS/2018 dated 25.06.2018 instructed the entire educational department to mandatorily insist the institutions to apply for concurrence. Again, the AIPEIA challenged the same in W.A. 233 of 2019.
AIPEIA approached court of law for waiving the property tax through W.P.No.18008 of 2018, wherein honorable court dismissed the W.P. on 13.09.2019. Further AIPEIA filed a Writ Appeal vide no. 45768 on 20th November 2019 challenging the order stating that singling out private educational institutions alone leaving government schools to claim exemption is unreasonable, arbitrary, irrational and without any Nexus when the field is occupied by both private and Government institutions, such a discrimination is illegal.
Fixing up GPS in the School Vehicle
Challenged the above order through WP No. 14287 of 2019 on 19th November 2019 before the High Court Judicature at Madras as the education department is not having rights to issue the order and the vehicle monitoring is being done by the transport department.
AIPEIA, approached the Honorable high court of Judicature, Chennai praying to stay the process of contributing to ESI as the same was referred to 9 members bench of Honorable supreme court of India from 7 members bench vide supreme court notification dated 02.01.2017 vide WP No. 3423/2019.
We got an interim stay for collecting contribution for ESI on 19th December 2019. The judgment details will be circulated to members on receipt of the same
Dated 28/07/2020 – on the above case, as the then Honorable Chief Justice Sanjay Kishan Goul, Chennai High court cancelled the GO stating that as the case is pending with Supreme court 9 members bench. Citing Kerala High court Order on ESI, other two judges bench of the same Chennai High court ordered to implement the GO. As there is a conflict between the two Chennai high court order, The Honorable then Chennai high court chief Justice Sri.A.P.Sahi, consisted a special bench with three women judges to hear the case and pass suitable order. Honourable Judges Smt.Pushpa Sathyanarayana, Smt.Anitha Sumanth and SMT.P.T.Asha hear the case.
The senior advocate appeared on behalf of AIPEIA argued that whether to consider educational institutions as an Industry or not is pending before honourable Supreme 9 member bench, Government GO is null and void. Government pleader argued that beyond the argument whether the educational institution is industry or not, raised a lot of other legal points
As again the Honorable Judges dismissed out a plea and favoured with Government’s GO.
We are on the process appeal this case, in Supreme court
Challenged and quashed partially the circular dated 04.12 2018 by Anna University directing the engineering colleges to return back the original certificates on verification to the staff vide W.P. No. 3541 dated 18.02.2019 before the High court Judicature at Madras.
With the above facts, we are marching pride with the satisfaction that we are doing justice to the members trusted us.
Our legal battle does not end at here. We are still on the process of taking up the issue heaping up at our AIPEIA registered office / through the email admin@aipeia.org and analyzing the issues one by one. On getting suitable legal grounds we will approach the court of law.
Our legal department to get the orders in the name of member schools itself, enabling to school act on their own along with the AIPEIA name.
Our founder is also the founder of AINA, All India NGO association. AINA is founded with the aim of bringing all the NGOs under one umbrella to assist all the NGOs from preparing the project report, assisting in claiming the subsidies eligible for the NGOs. You can visit about AINA in www.ngoassociation.co.in.
Many of our members’ educational institutions are managed by private societies or Trust. If our members whose institutions managed by registered private societies or Trust, following the Government norms, became members of AINA, AINA can guide the necessary subsidies educational sector trust can avail.
Those who are interested are requested to send the email in this regard.
