Disposed

V.C Jayaprakasan v. the State of Kerala

Kerala HC9 Apr 2015WP(C)/22293/2014

Case brief

AI extract

What is this about?

In a writ petition, the Manager of an aided High School sought upgradation to Higher Secondary status based on educational deficit in the panchayath and lack of competing Sanskrit schools. The Court ordered the First Respondent to consider the application after hearing all parties within two months.

What did the court decide?

The First Respondent directed to consider the petitioner's application after hearing all parties within two months.

V.C Jayaprakasan Vs the State of Kerala — Education and Admissions | Kerala HC (2015)

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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 A.MUHAMED MUSTAQUE

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THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937

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WP(C).No. 22293 of 2014 (J)

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PETITIONER:

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V.C. JAYAPRAKASAN, AGED 54 YEARS, S/O.V.C.KUNHIRAMAN VAIDYAR, MANAGER, V.P ORIENTAL HIGH SCHOOL, CHOKLI (P.O) KANNUR DISTRICT-670 672 BY ADVS.SRI.P.V.SURENDRANATH SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK SRI.P.HAMZAKUTTY

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF GENERAL EDUCATION THIRUVANANTHAPURAM PIN 695 001 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, SANTHI NAGAR THIRUVANANTHAPURAM PIN 695 001. 3. REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION DEPARTMENT OFFICE OF THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, KOZHIKODE PIN 673 001.

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4. DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER THALASSERY PIN 670 101. 5. STATE LEVEL COMMITTEE TO CONSIDER AND RECOMMEND SANCTIONING OF NEW HIGHER SECONDARY SCHOOLS/ADITIONAL BATCHES OF HIGHER SECONDARY COURSES, REPRESENTED BY ITS CHAIRMAN, THE DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, SANTHI NAGAR THIRUVANANTHAPURAM 695 001. R1 BY SPL. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22293 of 2014 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXT P1. A TRUE COPY OF THE GOVERNMENT ORDER DATED 11-6-2013

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EXT P2. A TRUE COPY OF THE NOTIFICATION DATD 17-6-2013 BY THE 2ND RESPONDENT.

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EXT P3. A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ALONG WITH NECESSARY DOCUMENTS PRESCRIBED IN EXT.P1 AND P2 ORDERS.

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EXT P4. A TRUE COPYOF THE RELEVANT PORTION OF THE REPORT OF THE 5TH RESPONDENT COMMITTEE NIL PUBLISHED ON 19-5-2014 WITH NORMS AND SELECTION AND RECOMMENDATION FOR UP GRADATION OF HIGH SCHOOLS AS HIGHER SECONDARY SCHOOLS WITH RESPECT TO SCHOOLS IN KANNUR DISTRICT SHOWING THE STATUS OF SCHOOLS IN CHOKLI GRAMA PANCHAYATH.

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EXT P5. A TRUE COPY OF THE GO (MS) NO. 143/2014 GENERAL EDUCATION DATED 31-7-2014 WITH RELEVANT PORTION OF LIST OF SCHOOLS UPGRADED IN KANNUR DISTRICT AND ADDITIONAL BATCHES GRANTED.

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RESPONDENT(S)' EXHIBITS:NIL

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TRUE COPY

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P A to JUDGE

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A.MUHAMED MUSTAQUE, J.

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

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W.P(C).No.22293 of 2014

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============================ Dated this the 09^th day of April, 2015

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JUDGMENT

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Petitioner is the Manager of an aided High School in Kannur district following oriental language syllabus of Sanskrit. Petitioner approached this Court aggrieved by non-sanctioning of higher secondary course to the petitioner's school. Petitioner submits that there is no higher secondary school in the panchayath or in the district following oriental language syllabus of Sanskrit. Petitioner relies on Ext.P4 and submits that there is a deficit of 400 seats in this panchayath and granting of one additional batch of Higher Secondary Course to Ramavilasam Higher Secondary School will not be sufficient to satisfy the educational requirement and need of the panchayath. It is further submitted that in spite of sanctioning of additional batches to Ramavilasam Higher Secondary School , petitioner's school is also entitled for upgradation as Higher Secondary School. Petitioner further points out that in a neighbouring panchayath-Panoor, where there is no educational need, an additional batch has been granted to two schools. Petitioner urges that his school should be given upgradation as Higher

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W.P(C).No.22293 of 2014

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Secondary School.

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Learned Government Pleader points out that in Ramavilasam Higher Secondary School, 480 students passed out SSLC examination and for that reason, they have been granted an additional batch. But in petitioner's school, only 43 students passed out SSLC examination in the year 2013. Hence sanction was not granted to petitioner's school.

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I am of the view, petitioner's school is the only school following oriental language syllabus of Sanskrit and taking that into account, Ext.P3 application has to be considered in accordance with law. The first respondent shall consider the matter based on Ext.P3 application after adverting to Ext.P4 and also hearing the petitioner and management of Ramavilasam Higher Secondary School within a period of two months from the date of receipt of a copy of this judgment. Petitioner is free to raise all the contentions which are raised in this Writ Petition before the Government.

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The Writ Petition is disposed of. No costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Sbna/18/04/15

V.C Jayaprakasan v. the State of Kerala

Case brief

What is this about?

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V.C Jayaprakasan v. the State of Kerala

Case brief

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