Dismissed

The Manager, Sn Up School,Pothinkandam v. State of Kerala

Kerala HC22 Sept 2009WP(C)/4052/2007

Case brief

AI extract

What is this about?

Court dismissed multiple writ petitions challenging the extension of a ban on government service in aided schools. Relying on a prior judgment upholding a similar Government Order, the single judge dismissed the petitions without detailed reasoning.

What did the court decide?

Writ petitions dismissed with a direction that the ban imposed by the Government extends to aided schools.

The Manager, Sn Up School,Pothinkandam Vs State of… — Education and Admissions | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931

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WP(C).No. 4052 of 2007(G)

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PETITIONER:

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-------------------

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THE MANAGER, S.N. UPPER PRIMARY SCHOOL, POTHINKANDAM, IDUKKI DISTRICT (V.G. PRABHAKARAN, S/O. GOPALAN, VAKAVAYALIL VEEDU, KOCHARA P.O., VANDANMEDU, IDUKKI-685 551).

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BY ADV. MR.S.SUBHASH CHAND.

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

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3. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION) IDUKKI.

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4. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, NEDUMKANDAM.

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R1 TO R4 BY GOVT. PLEADER MR. DILEEP MOHAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, ALONG WITH W.P.(C). NO. 23787/2009 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.4052/2007-G:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE STAFF FIXATION ORDER BEARING NO.D.DIS/D/2494/2006 DTD. 02/08/2006 ISSUED BY R.4.

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EXT.P.2: COPY OF THE SHOW CAUSE NOTICE BEARING NO. B5-14992/06 DTD. 06/12/2006 ISSUED BY R.3.

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EXT.P.2.A: COPY OF THE REVIEW REPORT APPENDED TO EXT.P.2 SHOW CAUSE NOTICE.

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EXT.P.3: COPY OF THE REPLY DTD. 19/12/2006 SUBMITTED BY THE PETITIONER BEFORE R.3.

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EXT.P.4: COPY OF THE ORDER DTD. 19/12/2006 PASSED BY R.3.

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EXT.P.5: COPY OF THE G.O.(P).NO.2278/99/FIN. DTD. 17/11/1999.

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EXT.P.6: COPY OF THE G.O.(P).NO.303/2001/G1.EDN. DTD. 05/10/2001.

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EXT.P.7: COPY OF THE GOVERNMENT ORDER BEARING G.O.(P).NO.377/2001/G1/G. EDN. DTD. 28/12/2001.

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EXT.P.8: COPY OF THE GOVERNMENT ORDER BEARING G.O.(P).NO.80/2002/G. EDN. DTD. 27/04/2002.

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EXT.P.9: COPY OF THE GOVERNMENT ORDER BEARING G.O.(P).NO.169/04/G. EDN. DTD. 15/06/2004.

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EXT.P.10: COPY OF THE GOVERNMENT ORDER BEARING B.O.(P).NO.317/2005/G. EDN. DTD. 17/08/2005.

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EXT.P.11: COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE R.2.

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EXT.P.12: COPY OF THE REPRESENTATION DTD. 25/01/2007 SUBMITTED BY THE PETITIONER BEFORE R.1.

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EXT.P.12.A: COPY OF THE COMMUNICATION DTD. 09/03/2007 ISSUED TO THE PETITIONER BY R.1.

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EXT.P.13: COPY OF THE STATEMENT DTD. 12/06/2006 INDICATING THE PUPIL STRENGTH OF THE SCHOOL DURING THE ACADEMIC YEAR 2006-07.

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W.P.(C). NO.4052/2007-G:

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RESPONDENTS' EXHIBITS:

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EXT.R1.A: COPY OF THE ORDER NO. 10304/J2/2007/GEN. EDN. DTD. 09/03/2007. EXT.R1.B: COPY OF THE ORDER DTD. 11/06/2001.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

ANTONY DOMINIC, J. ================ W.P.(C) Nos. 4052/07, 4238/07, 4565/07, 32488/07, 32855/07, 3172/08, 10564/08 , 17979/08 1643/09, 7350/09 & 23787/09

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======================

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Dated this the 22^nd day of September, 2009

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J U D G M E N T

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The issue raised in these writ petitions is regarding the extension of ban imposed by the Government in the Government Schools to the Aided Schools as per GO(P) No.317/2005/G.Edn. Dated 17.8.2005. By judgment in WP(C) No.273/07 and connected cases, this Court has already upheld the Government order imposing the ban.

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In view of the above judgment, these writ petitions are only to be dismissed and I do so.

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ANTONY DOMINIC, JUDGE

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The Manager, Sn Up School,Pothinkandam v. State of Kerala

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The Manager, Sn Up School,Pothinkandam v. State of Kerala

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