The Court held that the previous judgment in connected W.P.(C).No.15274/2008 governs this matter and ordered follow-up actions regarding the petitioner's pre-KER building fitness.
Writ petition allowed; appropriate follow-up actions in terms of prior judgment directions to be taken.
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.MUHAMED MUSTAQUE
TUESDAY, THE 18TH DAY OF JULY 2017/27TH ASHADHA, 1939
WP(C).No. 8997 of 2009 (T)
PETITIONER:
THE MANAGER, MUNNAVIRUL ISLAM AIDED L.P SCHOOL, PERLA P.O.,PERLA-671552.
BY ADVS.SRI.K.SHRIHARI RAO SMT.N.SHOBHA
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM.
2. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM.
3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD.
4. THE ASSISTANT EDUCATIONAL OFFICER, KUMBLA AT BADIADKA, P.O.PERDALA, KASARAGOD DISTRICT-671551.
BY GOVERNMENT PLEADER SMT.PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 8997 of 2009 (T)
APPENDIX
PETITIONERS' EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
********************************************************************** W.P.(C) No.8997 of 2009
********************************************************************** Dated this the 18th day of July, 2017
JUDGMENT
The petitioner, impugning Ext.P4 circular No.45713/(I)/ M3/05/G.Edn. dated 10.3.2006 has approached this court. The petitioner is the Manager of an aided school. The petitioner's school was established and started functioning prior to the introduction of the Kerala Education Rules. Ext.P4 circular is issued by the Secretary to Government, General Education (M) Department which mandates that all pre-KER buildings should be replaced by buildings constructed as per the KER specifications, before 1.6.2008. If the same is not done, all pre-KER benefits granted to the schools will be withdrawn. The above circular was followed by a circular dated 17.12.2007 whereby it was insisted that pre-K.E.R buildings should be remodelled and fitness certificate should be obtained to conduct classes. The Government, by letter dated 11.3.2008, directed the DPI to modify circular dated 17.12.2007. The DPI was directed to insist for modification of the area of the class rooms in accordance with the KER specifications and thereby reduce the number of class rooms
W.P.(C) No.8997 of 2009 2
in each pre-KER building. Pursuant to that, the DPI issued Ext.P2 circular dated 17.3.2008. The very same Government circulars were under challenge before this Court in W.P.(C).No.15274/2008 and connected cases and this Court disposed of the same by the judgment dated 22/05/2009. It was held in paragraph 10 thus:-
“In the result, the impugned circulars Exts.P3 to P5 in this Writ Petition and Ext.P7 in W.P.(C). No.15274/2008 to the extent they stand in the way of using pre-KER buildings, which are strong and certified to be fit by the competent authority, are declared ultra vires and unenforcible. It is clarified that the various other directions in the impugned orders/letters/circulars, concerning the steps to be taken for the safety of the students and teachers and demolition of unsafe buildings, are not interfered with. In view of our above finding, the concerned Engineer (going by the materials on record, we find it is the Assistant Engineer of the Local Self Government Department having jurisdiction over the area) is directed to inspect the schools of the petitioners immediately and decide whether they are entitled to get fitness certificates for their pre-KER buildings, so that they could house the class divisions in them. This, the said officer shall do within two weeks from the date of production of a copy of this judgment and the results shall be communicated to the Managers forthwith.”
W.P.(C) No.8997 of 2009 3
directions issued by the Division Bench will govern this case also.
Appropriate follow-up actions, in terms of the said directions also will
be taken.
The writ petition is accordingly allowed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ln
1 issue framed by the court
Whether the petitioner school is entitled to the benefit of the earlier judgment allowing the use of pre-KER buildings.
Colour shows how this judgement treated each authority
Connected Writ PetitionFollowed¶34
W.P.(C).No.15274/2008
The Manager, Munnavirul Islam Aided L.P School
State of Kerala
The Director of Public Instruction
The Deputy Director of Education
The Assistant Educational Officer
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
