Petitioner challenged an order rejecting the shifting of a school. The Court noted the Government had already regularized the shift via an order dated 05.12.2017, thereby redressaling the grievance, and disposed of the writ by quashing the impugned order.
Quashing the impugned order.
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
WEDNESDAY, THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940
WP(C).No.3197 of 2015
PETITIONER:
O.P.SARADAMMA
MANAGER, GANAPAT AIDED UPPER PRIMARY SCHOOL, KIZHSSERI, MALAPPURAM DISTRICT.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENTS:
1 THE ASSISTANT EDUCATIONAL OFFICER KIZHSSERI, MALAPPURAM DISTRICT-673505.
3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.
4 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
ADDL. T.SANTHOSH R5 SON OF KUNHIKRISHNA KURUP, AGED 45 YEARS, HEADMASTER, GANAPAT A.U.P.SCHOOL, KIZHISSERI, KUZHIMANNA, MALAPPURAM DISTRICT. (ADDL.RESPONDENT 5 ADDED AS PER ORDER DTD.10.02.2016 IN I.A.No.1507/16 IN THE W.P.(C)).
BY ADVS. SMT.P.A.JENZIA SRI.M.SAJJAD SRI.P.C.SASIDHARAN SRI.V.A.MUHAMMED
OTHER PRESENT:
SMT.NISHA BOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3197/2015
2
J U D G M E N T
The petitioner approached this Court challenging an order rejecting shifting of the school.
In the light of the Government Order dated 05.12.2017, this writ petition is disposed of quashing the impugned order.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
smp
W.P.(C) No.3197/2015
3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF DOCUMENT NO.4207/2010 DATED 25.9.2010 OF S.R.O., KONDOTTY. EXHIBIT P2 TRUE COPY OF GOVERNMENT CIRCULAR DATED 26.3.2007 EXHIBIT P3 TRUE COPY OF NOTICE ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 2.2.2011 EXHIBIT P4 TRUE COPY OF MINUTES OF PTA GENERAL BODY MEETING OF THE PTA OF GANAPAT U.P.SCHOOL, KIZHSSERI HELD ON 28.6.2013 EXHIBIT P5 TRUE COPY MINUTES OF THE JOINT MEETING OF PTA AND THE MOTHER TEACHERS ASSOCIATION. EXHIBIT P6 TRUE COPY OF JOINT REQUEST SUBMITTED BY THE TEACHERS OF THE SCHOOL TO THE MANAGER EXHIBIT P7 TRUE COPY OF DOCUMENT NO.4296/13 OF S.R.O., KONDOTTY. EXHIBIT P8 TRUE COPY OF DOCUMENT NO.4364/13 OF S.R.O., KONDOTTY. EXHIBIT P9 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE HON'BLE MINISTER FOR EDUCATION. EXHIBIT P10 TRUE COPY OF REPORT FILED BY THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM TO THE DIRECTOR OF PUBLIC INSTRUCTIONS, DATED 17.10.2013 EXHIBIT P11 TRUE COPY OF PLAN AND ELEVATION OF THE PROPOSED SCHOOL BUILDING. EXHIBIT P12 TRUE COPY OF LETTER SENT BY THE MLA TO THE HON'BLE MINISTER FOR EDUCATION, DATED 7.8.2013 EXHIBIT P12(a) TRUE COPY OF REPRESENTATION DATED 5.5.2014 SUBMITTED BY PETITIONER TO 4TH RESPONDENT
W.P.(C) No.3197/2015
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EXHIBIT P13 TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO.198/2015 DATED 16.1.2015
RESPONDENTS' EXHIBITS: NIL
True Copy P.S to Judge
smp
O.P. SARADAMMA
THE ASSISTANT EDUCATIONAL OFFICER KIZHSSERI
THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM
THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM
STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT
ADDL.T.SANTHOSH R
A.MUHAMED MUSTAQUE
As recorded by the court registry
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