Disposed

Darul Uloom Higher Secondary School v. Commissioner of Police, Kochi

Kerala HC19 Mar 2014WP(C)/9849/2012

Case brief

AI extract

What is this about?

The High Court held that disputes regarding wages or service of employees in the petitioner's educational institutions must be resolved by proper forums. The court directed the police to extend protection to the institutions and disposed of the writ petition emphasizing the welfare of students and peaceful administration.

What the court decided

AI extract

Darul Uloom Higher Secondary School Vs… — Constitutional and Fundamental Rights | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR &

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935

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WP(C).No. 9849 of 2012 (E)

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PETITIONER(S) :

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1. DARUL ULOOM HIGHER SECONDARY SCHOOL PULLEPPADY, KOCHI-682018, REPRESENTED BY ITS MANAGER MR. H.E. MOHAMED BABU SAIT.

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2. DARUL ULOOM VOCATIONAL HIGHER SECONDARY SCHOOL PULLEPPADY, KOCHI-682 018, REPRESENTED BY ITS MANAGER MR. H.E. MOHAMED BABU SAIT.

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3. MR. H.E. MOHAMED BABU SAIT AGED 61 YEARS, S/O. LATE HAJI ESSA SAIT RESIDING AT DOOR NO. 41/1212, KRISHNASWAMY ROAD ERNAKULAM, KOCHI-682035.

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BY ADV. SRI.BABU KARUKAPADATH

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RESPONDENT(S) :

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1. COMMISSIONER OF POLICE, KOCHI-682 031.

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2. ASST. COMMISSIONER OF POLICE, ERNAKULAM-682 031.

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3. CIRCLE INSPECTOR OF POLICE CENTRAL POLICE STATION, ERNAKULAM-682 031.

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4. SUB INSPECTOR OF POLICE CENTRAL POLICE STATION, ERNAKULAM-682 031.

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5. RASHEED A.A.,

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S/O. ALI, ARACKAL HOUSE, VENNALA P.O. KOCHI-682 028.

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6. SIDDIQUE T.U.,

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S/O. T.N. UMMER, KARIYAKKAT HOUSE, KALOOR KOCHI-682 017.

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...2/-

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WP(C).No. 9849 of 2012 (E) -2-

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7. NAZAR MANAYIL, MANAYIL HOUSE, PANAYIKKULAM-682 017. 8. SADATH T.U. LOWER GRADE HINDI TEACHER, DARUL OLOOM V.H.S. SCHOOL ERNAKULAM, KOCHI-682018 NOW RESIDING AT THEKKEPALLICKAL HOUSE MANJUMMAL KAVALA, CHERANELLOOR P.O. -683 101. R1 TO R4 BY SPL. GOVT. PLEADER SRI. SUJITH MATHEW JOSE R5 & R6 BY ADVS. SRI.C.S.ABDUL SAMMAD SRI.T.U.ZIYAD R7 BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.SUNIL V. MOHAMMED R8 BY ADV. SRI.A.B.JALEEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...3/-

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WP(C).No. 9849 of 2012 (E)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P1	A TRUE COPY OF THE PROCEEDINGS FOR APPOINTMENT OF THE 3RD PETITIONER AS THE MANAGER OF THE DARUL ULOOM SCHOOLS.
EXT.P2	A TRUE COPY OF THE CERTIFICATE DATED 8-11-1984 ISSUED BY THE KERALA STATE WAKF BOARD SHOWING THAT THE 3RD PETITIONER IS THE MANAGING TRUSTEE OF THE KHADEEJA BHAI TRUST WITH REGISTRATION NO. 3312.
EXT.P3	A TRUE COPY OF THE CERTIFICATE DATED 14-2-2012 ISSUED BY THE KERALA STATE WAKF BOARD CERTIFYING THAT THE 3RD PETITIONER IS THE MANAGING TRUSTEE OF THE TRUST FROM THE YEAR 1984.
EXT.P4	A TRUE COPY OF THE EXTRACT OF THE REGISTER OF WAKF WITH RESPECT TO THE KHADEEJA BHAI TRUST WITH REGN. NO. 4221 OF WHICH MR. ABDULREHIM HAJI JACOB IS THE MATHAVALLY.
EXT.P5	A TRUE COPY OF THE ORDER OF INJUNCTION DATED 10-2-2012 IN I.A. NO. 49/2012 IN W.O.S. NO. 9/2012 THE HON'BLE WAKF TRIBUNAL, ERNAKULAM.
EXT.P6	A TRUE COPY OF THE ORDER OF INJUNCTION DATED 10-2-2012 IN I.A. NO. 49/2012 IN W.O.S. NO. 9/2012 THE HON'BLE WAKF TRIBUNAL, ERNKULAM.
EXT.P6(a)	A TRUE COPY OF THE TRNSLATION ORDER OF INJUNCTION DATED 10-2-2012 IN I.A. NO. 49/2012 IN W.O.S. NO. 9/2012 THE HON'BLE WAKF TRIBUNAL ERNAKULAM.
EXT.P7	COPY OF THE CERTIFICATE DATED 30/5/2012 ISSUED BY D.E.O., ERNAKULAM.
EXT.P8	COPY OF THE WRITTEN STATEMENT FILED BY THE KERALA STATE WAKF BOARD, AS DEFENDANT NO. 8, IN W.O.S. NO. 9/2012 ON THE FILE OF THE HON'BLE WAKF TRIBUNAL, ERNAKULAM.
RESPONDEN ------------------	TS' EXHIBITS : ------------------------
EXT. R5(a)	COPY OF THE INFORMATION ISSUED FROM DISTRICT EDUCATIONAL OFFICE, ERNAKULAM DTD. 28.3.2012.
EXT. R5(b)	COPY OF THE INFORMATION ISSUED FROM DY. DIRECTOR -EDN. ERNAKULAM DTD. 29.3.2012.
EXT. R5(c)	COPY OF THE INFORMATION ISSUED FROM REGIONAL DY. DIRECTOR- HIGHER SECONDARY EDUCATIONS, ERNAKULAM DTD. 13.3.2012.

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(Contd...)

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WP(C).No. 9849 of 2012 (E)

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EXT. R5(d) COPY OF THE INFORMATION ISSUED FROM DIRECTOR - VOCATIONAL HIGHER SECONDARY EDUCATION, ERNAKULAM DTD. 20.3.2012.

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EXT. R5(e) COPY OF THE ARGUMENT NOTES SUBMITTED BEFORE THE WAKF TRIBUNAL.

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EXT. R5(f) COPY OF THE COMPLAINT LODGED ON 11.4.2012. EXT. R5(g) COPY OF THE PETITION IN IA NO. 49 OF 2012 IN WOS 9 OF 2012 ON THE FILE OF WAKF TRIBUNAL, ERNAKULAM.

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EXT. R5(h) COPY OF THE COUNTER AFFIDAVIT FILED IN IA NO. 49 OF 2012 IN WOS 9 OF 2012 ON THE FILE OF WAKF TRIBUNAL, ERNAKULAM.

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EXT. R5(i) COPY OF THE REPLY AFFIDAVIT FILED IN IA NO. 49 OF 2012 IN WOS 9 OF 2012 ON THE FILE OF WAKF TRIBUNAL, ERNAKULAM.

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EXT. R5(j) COPY OF THE APPLICATION DATED 21.4.2012 UNDER RIGHT TO INFORMATION ACT FILED BEFORE DPI BY 5TH RESPONDENT.

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EXT. R5(k) COPY OF THE REPLY DATED 25.4.2012 OF INFORMATION OFFICER OF THE OFFICE OF DPI SENT TO 5TH RESPONDENT.

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EXT. R5(l) COPY OF THE FILED APPLICATION UNDER THE RIGHT TO INFORMATION ACT, 2005 BEFORE THE DEO, ERNAKULAM.

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EXT. R5(m) COPY OF THE REPLY DATED 18.5.2012 OF INFORMATION OFFICER OF THE OFFICE OF DEO SENT TO 5TH RESPONDENT WHICH IS RECEIVED ON 30.5.2012.

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//TRUE COPY//

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Manjula Chellur, C.J. & A.M. Shaffique, J.

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W.P.(C) No. 9849 OF 2012

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Dated this the 19^th day of March, 2014

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JUDGMENT

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Manjula Chellur, C.J.

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As the issue involves welfare of the students who are studying in the educational institution run by petitioners 1 and 2. If any disputes are pending pertaining to the wages or service of their employees, the same have to be sorted out before proper forums. However, no one is allowed to indulge in any activity which would come in the way of imparting education to students and also peaceful administration of the institution. In the light of the same, we direct the respondent Police to extend needful protection whenever an application is made by the complainant against the activities of the party respondents.

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With the above observation, the Writ Petition is disposed of.

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Manjula Chellur, Chief Justice.

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A.M. Shaffique, Judge.

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ttb/19/03

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WA No. 1689 of 2013

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-:2:-

Darul Uloom Higher Secondary School v. Commissioner of Police, Kochi

Case brief

What is this about?

What the court decided

Darul Uloom Higher Secondary School v. Commissioner of Police, Kochi

Case brief

What is this about?

What the court decided

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