Disposed

B.S.S.Educational Society v. the Director of Public Instructions

Kerala HC9 Oct 2012WP(C)/23578/2012

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of the educational society's byelaws by the Deputy Director of Education. The High Court directed the respondent to consider the pending appeal, give the petitioner an opportunity of hearing, and pass appropriate orders within three months.

What did the court decide?

Directing the respondent to consider the appeal, give an opportunity of hearing to the petitioner, and pass appropriate orders within three months.

B.S.S.Educational Society Vs the Director of Public… — Education and Admissions | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

TUESDAY, THE 9TH DAY OF OCTOBER 2012/17TH ASWINA 1934

¶5

WP(C).No. 23578 of 2012 (V)

¶6

PETITIONER(S):

¶7

B.S.S.EDUCATIONAL SOCIETY

¶8

(BRAHMANANDA SWAMY SIVAYOGI EDUCATIONAL SOCIETY) ALATHUR PALAKKAD DISTRICT, REPRESENTED BY THE SECRETARY.

¶9

BY ADV. SRI.GEORGE POONTHOTTAM

¶10

RESPONDENT(S):

¶11

THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001.

¶12

BY Sr. GOVERNMENT PLEADER SRI.M.A.FAYAZ

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WPC NO. 23578/2012

¶15

APPENDIX

¶16

PETITIONER(S) EXHIBITS

¶17

EXT.P1	TRUE COPY OF THE ORDER NO. EM1/55436/K.DIS DATED 31-3-2010
EXT.P2	TRUE COPY OF THE ORDER NO. G3-1405/11 DATED 21-12-2011 PASSED BY THE DISTRICT REGISTRAR (GENERAL) PALAKKAD.
EXT.P3	TRUE COPY OF THE BYELAWS OF THE BRAHMANANDA SWAMI SIVAYOGI EDUCATIONAL SOCIETY SCHOOLS, ALATHUR, PALAKKAD DISTRICT.
EXT.P4	TRUE COPY OF THE COMMUNICATION NO. B4/10286/12 DATED 11-7- 2012 GIVEN BY THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD.
EXT.P5	TRUE COPY OF THE ORDER NO. B4/5951/10 DATED 2-6-2010 PASSED BY THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD.
EXT.P6	TRUE COPY OF THE INTERIM ORDER IN WPC NO. 22559/2010 DATED 20-7-2010.
EXT.P7	TRUE COPY OF THE APPEAL DATED 22-8-2012 FILED BY THE PETITIONER BEFORE THE RESPONDENT.

¶18

RESPONDENTS' EXHIBITS

NIL

// TRUE COPY //

P.A. TO JUDGE

P.R.RAMACHANDRA MENON, J.

¶24

¶25

W.P.(c) No. 23578 OF 2012

¶26

- - - - Dated this the 9^th day of October , 2012

¶27

JUDGMENT

¶28

Petitioner is the educational agency, who is required to have an approved byelaws in respect of the administration and management of educational institutions under the agency. It was accordingly that necessary byelaws were framed and submitted for approval, which came to be rejected by the Deputy Director of Education, Palakkad, as per Ext.P4 order. Being aggrieved of the situation, petitioner preferred Ext.P7 appeal, which is pending consideration before the respondent. The learned counsel for the petitioner submits that, the delay in finalisation of the said proceedings causes irreparable hardship to the petitioner as well as the prospective career of the students and staff concerned.

¶29

Heard the learned Government Pleader as well.

¶30

Considering the facts and circumstances, the writ petition is

¶31

disposed of, directing the respondent to consider Ext.P7 and pass

¶32

W.P.(C)No.23578/2012

¶33

¶34

appropriate orders, in accordance with law, after giving an opportunity of hearing to the petitioner. This exercise shall be completed at the earliest, at any rate within three months from the date of receipt of a copy of this judgment.

¶35

The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondent for further steps.

¶36

P.R.RAMACHANDRA MENON JUDGE

¶37

sv.

¶38

W.P.(C)No.23578/2012 2

B.S.S.Educational Society v. the Director of Public Instructions

Case brief

What is this about?

What did the court decide?

B.S.S.Educational Society v. the Director of Public Instructions

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P. Narayanan Namboodiri Vs Mr. K.C.Vijayakumar

Pratheeksha Bhavan English Medium School Vs State of Kerala and 2 Others

P.K. Sasikumar Vs State of Kerala

Mohammed Rafi M.K Vs Kerala Water Authority

The Principal Vs State of Kerala

Smt. Suman Paul Vs the District Educational Officer, Malappuram