Disposed

The Parents Teachers Association v. State of Kerala

Kerala HC27 Nov 2012WP(C)/19644/2012

Case brief

AI extract

What is this about?

High Court Judge declined to adjudicate on the petitioner's plea for upgrading a school, noting the respondent affidavit stated that future applications must strictly follow the Kerala Education Rules procedure. Consequently, the writ petition was closed without any direction.

What did the court decide?

Petition cited as no issue arise; matter closed without direction.

The Parents Teachers Association Vs State of Kerala — Education and Admissions | Kerala HC (2012)

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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 P.R.RAMACHANDRA MENON

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TUESDAY, THE 27TH DAY OF NOVEMBER 2012/6TH AGRAHAYANA 1934

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WP(C).No. 19644 of 2012 (E)

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PETITIONER(S):

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THE PARENTS TEACHERS ASSOCIATION MOIDEENKUTTY MUSILIYAR SMARAKA UPPER PRIMARY SCHOOL, KOZHINHIL KULAPPARAMBA, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT ABDUL HAKEEM.

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BY ADV. SRI.GEORGE POONTHOTTAM

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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BY SR. GOVERNMENT PLEADER MR.M.A.FAYAZ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) NO.19644/12

APPENDIX

PETITIONER'S EXTS.:

EXT.P1: TRUE COPY OF THE COMMUNICATION NO.F.NO.2199 OF 2010/57326 DATED 26.12.2011 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS.

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EXT.P2: TRUE COPY OF THE COMMUNICATION DATED 10.10.1992 GIVEN TO THE HON'BLE MINISTER FOR EDUCATION.

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EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 31.12.2005 GIVEN TO THE HON'BLE MINISTER FOR EDUCATION WITH COPY TO DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

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EXT.P4: TRUE COPY OF THE SAID REPRESENTATION DATED 9.12.2011 GIVEN TO THE MEMBER OF LEGISLATIVE ASSEMBLY.

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EXT.P5: TRUE COPY OF THE COMMUNICATION DATED 26.03.2012 RECEIVED FROM THE DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

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RESPONDENT'S EXTS.:

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EXT.R1(a): THE TRUE COPY OF JUDGMENT IN CIVIL APPEAL NO.6267/12 DATED 4.9.2012.

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P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 19644 OF 2012

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Dated this the 27^th day of November , 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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“i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to upgrade the Moideenkutty Musliyar Smaraka Upper Primary School as High School and to take a decision on Ext.P5 as required under law.

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ii. Issue any other writ order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case.”

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The respondent has filed a statement, paragraph 2 of which reads as follows :

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“2. It is submitted that in various Writ Petitions/Writ Appeals filed earlier before the Hon'ble

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High Court regarding sanctioning of new schools/upgradation of existing schools, Government have filed affidavits wherein it was stated that sanctioning/upgradation of schools in the state is made

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W.P.(C)No.19644/2012

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based on the procedure laid down under Rule 2 & 2A Chapter V of the Kerala Education Rules, as per which, areas where educational need is identified are to be notified on the basis of a list prepared by the Director of Public Instructions. In response to such notification only, application for opening/upgradation/recognition of schools can be submitted as per Rule 2A of Chapter V Kerala Education Rules. Application received otherwise will not be considered as per the above rule.”

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The learned counsel for the petitioner submits that, in view of the contents of paragraph 2, the petitioner does not intend to pursue the matter further and that the matter can be closed. The writ petition is closed accordingly.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.19644/2012 2

The Parents Teachers Association v. State of Kerala

Case brief

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The Parents Teachers Association v. State of Kerala

Case brief

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