State of Kerala v. the Manager, Kottathalasurendran Memorial Vocational Higher Secondary School
Case brief
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 29TH DAY OF FEBRUARY 2016/10TH PHALGUNA, 1937
RP.No. 162 of 2016
JUDGMENT DATED 27-10-2015 IN WP(C) 5212/2015
REVIEW PETITIONER(S)/RESPONDENTS IN W.P[C]:
-------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 014.
3. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, KOLLAM DISTRICT-691 506.
BY SPECIAL GOVERNMENT PLEADER SRI.T.T.MUHAMOOD
RESPONDENT(S)/PETITIONER IN W.P[C]:
----------------------------------------------------------
THE MANAGER, KOTTATHALA SURENDRAN MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, EDAVATTOM, KARUVELIL P.O., KOLLAM DISTRICT.
BY ADV. SMT.K.R.KRISHNAKUMARI
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
A.M. SHAFFIQUE, J.
============= R.P.No.162 of 2016
in
W.P. (C) No. 5212 of 2015
===================
Dated this, the 29th day of February, 2016
O R D E R
This review petition has been filed seeking review of judgment dated 27/10/2015 by which direction had been issued by this Court to consider the petitioner's application under Rule 2A(6) in terms of sub rules (3), (4) and (5) coming under Chapter V of the Kerala Education Rules.
R.P.No.162 of 2016 in W.P. (C) No. 5212 of 2015
-:2:-
application for permission to open “new standard” in an existing school during any school year not involving the “raising of the grade” of the school shall be submitted to the District Educational Officer in charge of the area in form I in triplicate. Apparently, the petitioner had applied for opening a new standard in an existing school. It does not involve “raising of the grade”. Raising of the grade happens in cases where in a school having primary grade, a new standard is sought to be opened in the secondary grade and not vice versa .
Under such circumstances, the contention urged in the review petition is unsustainable and had to be rejected and accordingly, this review petition is dismissed.
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp29/02/2016
//True Copy//
P.S to Judge
State of Kerala, represented by the Secretary to Government, General Education Department
The Manager, Kottathala Surendran Memorial Vocational Higher Secondary School, Edavattom
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court