Disposed

K.v.Prakashan v. State of Kerala

Kerala HC30 Nov 2016WP(C)/16473/2009

Case brief

AI extract

What is this about?

The High Court of Kerala closed a writ petition challenging a Government order, holding that no further action was required as the petitioner had received a fresh No Objection Certificate from the Government later in time. The validity of the impugned order was left open.

What did the court decide?

Writ petition closed; petitioner governed by terms of Government order dated 18.7.2014; validity of challenged order left open.

K.v.Prakashan Vs State of Kerala — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 30TH DAY OF NOVEMBER 2016/9TH AGRAHAYANA, 1938

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WP(C).No. 16473 of 2009 (D)

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PETITIONER(S) :

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K.V.PRAKASHAN, MANAGER,

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ADARSHA ENGLISH SCHOOL, P.O.MATHAMANAGALAM BAZAR, KANNUR DISTRICT.

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BY ADV. SRI.KALEESWARAM RAJ

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM.

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2. DEPUTY DIRECTOR OF EDUCATION, KANNUR.

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3. DISTRICT EDUCATIONAL OFFICER, KANNUR.

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4. SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, PERINGOME VIA, PAYYANNUR, KANNUR DISTRICT.

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BY SR. GOVERNMENT PLEADER SMT. RAJI T.BHASKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 16473 of 2009 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF APPLICATION DATED 09.07.2007 IN THE PRESCRIBED FORM TOGETHER WITH DECLARATION.

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EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 17.09.2008 IN W.P(C).NO. 16670/2008.

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EXHIBIT P3: TRUE COPY OF THE ADVERTISEMENT.

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EXHIBIT P4: TRUE COPY OF THE G.O.NO. 1977/2009 DATED 25.03.2009.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

ANU SIVARAMAN, J.

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W.P(C).No. 16473 of 2009

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Dated this the 30^th November, 2016

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JUDGMENT

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The prayers in this writ petition are as follows:

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“(ia) to issue a writ of certiorari quashing Exhibit P4 GO as unjust, illegal and unsustainable.

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(i) to declare that the 1^st respondent or the officers under the 1^st respondent will not be empowered to take any action against the petitioner on the basis of Exhibit P3.

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(ii) to issue a writ of mandamus directing the respondents to refrain from taking any action against the petitioner on the basis of Exhibit P3.”

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At the time of admission of this writ petition, an interim order had been rendered on 29.6.2009 keeping in abeyance clause 4 of Exhibit P4 order. It is submitted that during the pendency of this writ petition, a no objection certificate has been issued to the petitioner's school as well for CBSE affiliation. In the above view of the matter, nothing survives for consideration in this writ petition.

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In view of the Government order No.G.O(MS) No136/2014/G.Edn. dated 18.7.2014 granting NOC to the petitioner's school, this writ petition is closed. The petitioner will be governed by the terms of the said Government order. It is

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WP(C).16473/09

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made clear that in view of the Government order dated 18.7.2014, clause 4 of Exhibit P4 will not apply to the petitioner's school. The question of validity of Exhibit P4 is left open.

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ANU SIVARAMAN

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JUDGE

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vgs30/11

K.v.Prakashan v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.v.Prakashan v. State of Kerala

Case brief

What is this about?

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