Disposed

Jam-Iyyathul Falah Trust v. State of Kerala

Kerala HC18 Jun 2010WP(C)/19033/2010

Case brief

AI extract

What is this about?

In this writ petition concerning school recognition, the petitioner sought relief against the exclusion of its locality from a notification. The court held the First Respondent duty-bound to consider the petitioner's objection filed under the Kerala Education Rules and directed it to pass orders within two months.

What did the court decide?

Direction to the First Respondent to consider and pass orders on the petitioner's objection (Ext.P6) within two months of receiving the judgment copy.

Jam-Iyyathul Falah Trust Vs State of Kerala — Education and Admissions | Kerala HC (2010)

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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 C.T.RAVIKUMAR

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FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932

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WP(C).No. 19033 of 2010(D) --------------------------

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PETITIONER(S):

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JAM-IYYATHUL FALAH TRUST (REGD) PERINGADI, REPRESENTED BY ITS CHAIRMAN, K.M.ABDURAHEEM, P.O.PERINGADI, THALASSERY, KANNUR DISTRICT.

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BY ADV. SRI.P.M.PAREETH

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RESPONDENT(S):

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STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

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DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM

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DEPUTY DIRECTOR OF EDUCATION, KANNUR.

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DISTRICT EDUCATIONAL OFFICER, THALASSERY.

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GOVERNMENT PLEADER SRI.DILIP MOHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.T.RAVIKUMAR, J.

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W.P.(C) No. 19033 of 2010 D

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Dated this the 18^th day of June, 2010

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J U D G M E N T

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The petitioner is running an unaided High School in Ward No.10 of New Mahe Grama Panchayat. As per Ext.P1, in the matter of granting recognition of unaided schools, the area in which the petitioner’s school is functioning was also identified as a locality for the purpose of the aforesaid notification. In fact, Ward No.10 in New Mahe Grama Panchayat alone is the locality identified as per Ext.P4 in Kannur district. However, when the same was finalised as per Ext.P5, the said area was excluded. Feeling aggrieved by the exclusion of the aforesaid area, the petitioner has approached the Government by filing Ext.P6. Ext.P6 is an objection filed under the proviso to Rule 2(5) of Chapter V of the Kerala Education Rules. According to the petitioner, the U.P. Section of the school has already got recognition under the Kerala Education Rules and presently they are seeking recognition for the High School Section to the aforementioned school. Ext.P6 is dated 12-06-2010. The apprehension of the petitioner is that the entire process will be

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WPC.19033/2010

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: 2 :

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finalised before the consideration of Ext.P6.

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Obviously, the locality in which the petitioner’s school is functioning was included in Ext.P4 and the same was excluded in Ext.P5. Against such exclusion, objection can be preferred to the Government in terms of the proviso to Rule 2(5) of Chapter V of the Kerala Education Rules. The petitioner has already availed the said remedy and filed Ext.P6. According to me, the first respondent is duty bound to consider and pass orders thereon. Therefore, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P6, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment, with notice to the petitioner.

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Sd/- (C.T.RAVIKUMAR, JUDGE)

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aks

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// True Copy //

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P.A. To Judge

Jam-Iyyathul Falah Trust v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jam-Iyyathul Falah Trust v. State of Kerala

Case brief

What is this about?

What did the court decide?

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