An educational society sought accreditations for its school for 2016-17. The High Court directed the national institute to expedite the process upon receiving government consent.
The second respondent is directed to expedite the process on the petitioner's application for accreditation once it receives the consent from the Union of India.
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 DAMA SESHADRI NAIDU
MONDAY, THE 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939
WP(C).No. 23393 of 2016 (Y)
PETITIONER(S):
BY ADVS.SRI.A.JAYASANKAR
SRI.MANU GOVIND SRI.ASHWIN SETHUMADHAVAN SRI.S.SABARINADH
RESPONDENT(S):
THROUGH ITS MINISTRY OF HUMAN RESOURCES, DEPARTMENT OF SCHOOL EDUCATION & LITERACY, SHASTRI BHAWAN, NEW DELHI - 110 001, REPRESENTED BY ITS JOINT SECRETARY (SE-I),
(REG NO.1119/79), KESAVA MANDIRAM, KALLEKKAD, PALAKKAD - 678 006, REPRESENTED BY ITS SECRETARY.
R1 BY ADV. SRI.N.NAGARESH, ASGI R3 BY ADV. SRI.T.K.VENUGOPALAN R3 BY ADV. SRI.SHIBU JOSEPH R BY SMT A.C. VIDHYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23393 of 2016 (Y)
: 2 :
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF RECOGNITION FOR THE ACADEMIC YEAR 2015-2016 ISSUED BY THE 3RD RESPONDENT ON 15.06.2015.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE APPLICATION FOR GRANT OF ACCREDITATION MADE BY THE 2ND PETITIONER WITH THE 2ND RESPONDENT DATED 31.05.2016.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT RECEIPT TO EXHIBIT P2 APPLICATION ISSUED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
True Copy/
P.A to Judge.
rv
DAMA SESHADRI NAIDU, J.
------------------------------------------W.P. (C) No. 23393 of 2016 (Y)
-----------------------------------------Dated this the 3rd day of April, 2017.
JUDGMENT
The first petitioner is the Society; the second petitioner is the School established by the society. Having earlier enjoyed the status of the accredited Institution, the Society submitted Ext.P2 application to have the accreditation for the year 2016-2017 as well. Complaining that the second respondent had not processed its application, the petitioner filed this writ petition.
“Application of this Institution, received on 28.06.2016 was kept in the 14th Screening Committee meeting held on 30.08.2016. On the basis of the recommendation of the committee, this Institution was inspected on 20.09.2016, by an inspection team, duly constituted by the 2nd respondent. The Inspection report submitted by the team was forwarded along with 3 other inspections reports to the Director (SSS), vide letter No. 42337/2013/NIOS/RC/AD, dated 30.09.2016. As per status received from NIOS, Hq. inspection report of this Institution was kept in the 108th Accreditation Advisory Committee meeting held on 13.02.2017. Under open Basic Education programme, the National Institute of Open Schooling (NIOS) caters to children in the age group of 6-14 years and the adults above 14 years. Permission
W.P.(C.) No. 23393/2016 -2-
granted to the NIOS by the Department of School Education & Literacy, Ministry of Human Resource Development, Government of India, the 1st respondent, to cater to 6-14 years age group will be over by 31st March, 2017.”
that the second respondent may not further delay the process, once it receives the formal consent from the Union of India.
In these facts and circumstances, this Court disposes of the writ petition with a direction to the second respondent to expedite the process on the petitioner's application for the accreditation once it receives the consent from the Union of India.
DAMA SESHADRI NAIDU, JUDGE.
Rv
W.P.(C.) No. 23393/2016 -3-
1 issue framed by the court
Whether the second respondent should expedite the process for accreditation once it receives consent from the Union of India.
Kudumbi Educational Society
Mookambika VIDYANIKETHAN
The Union of India
National Institute of Open Schooling
Bharateeya VIDYANIKETHAN
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
