Disposed

Jamia Hasania Public School v. the District Police Chief

Kerala HC23 Mar 2018WP(C)/5983/2018

Case brief

AI extract

What is this about?

The petitioner CBSE school sought police protection against PTA protests regarding a fee hike that allegedly disrupted academic activities. The Court observed alleged blockades were improper but found police action allowing limited representatives for negotiation was proper, directing continued protection and limiting negotiation attendees to two or three.

What did the court decide?

Petition disposed of. Police protection to continue if obstruction caused. PTA to ensure not more than 2-3 representatives attend negotiations.

Jamia Hasania Public School Vs the District Police… — Education and Admissions | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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WP(C).No. 5983 of 2018(W)

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-----------------------

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PETITIONER(S):

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JAMIA HASANIA PUBLIC SCHOOL (AFFILIATED TO CBSE NO. 930034) SOUTH VAZHAKKULAM, ALUVA, KERALA 683105 REPRESENTED BY MANAGER IN CHARGE, MR. RAJEETH P.C., AGED 46, S/O.P.V.CHEMBAKAMPILLAI

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BY ADVS.SRI.B.S.SURESH KUMAR SRI.GEORGE SEBASTIAN

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RESPONDENT(S):

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1. THE DISTRICT POLICE CHIEF ERNAKULAM (RURAL) AT ALUVA - 683101.

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2. SUB INSPECTOR OF POLICE THADIYATTAPARAMBU POLICE STATION, ERNAKULAM DISTRICT - 683105.

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3. PARENTS TEACHERS ASSOCIATION OF JAMIA HASANIA PUBLIC SCHOOL (AFFILIATED TO CBSE NO. 930034), SOUTH VAZHAKKULAM, ALUVA, REPRESENTED BY ITS PRESIDENT ABDUL JAMAL C.A, CHIRAYATH HOUSE, MARAMPILLY PO, ALUVA, ERNAKULAM DISTRICT - 683101.

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4. SADIQUE T.P THACHIRAKUDY HOUSE, MUDIKKAL PO, PERUMBAVOOR - 683547.

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5. SHAUKATHALI.V.K. VADAVANAKUDY HOUSE, PONJASSERY, HIDAYATH NAGAR, ERNAKULAM - 683547.

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WP(C).No. 5983 of 2018 (W)

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6. ABOOBAKKAR V.K ULLALIL MUNDETH HOUSE, SOUTH EZHIPURAM,

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SOUTH VAZHAKULAM, ERNAKULAM - 683105.

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7. PAREEKUNJ P.M., PALLATHUKUDY HOUSE, SOUTH VAZHAKULAM,

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CHEMBARAKKY, ERNAKULAM - 683105.

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R1-R2 BY SR.GOVERNMENT PLEADER SRI.P.P.THAJUDHEEN

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R3-R7 BY ADV. SRI.E.A.HARIS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5983 of 2018 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE FEES STRUCTURE OF THE PETITIONER SCHOOL FOR THE YEAR 2015-16
EXHIBIT P2	TRUE COPY OF THE INCREASED FEE STRUCTURE FOR THE YEAR 2017-18
EXHIBIT P3	TRUE COPY OF THE PRINT OUT OF THE WHATSAPP MESSAGE CIRCULATED BY RESPONDENTS 4 TO 7
EXHIBIT P4	TRUE COPY OF THE REPRESENTATION DATED 16.02.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION DATED 16.02.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

PA TO JUDGE

dkr

K.VINOD CHANDRAN & ASHOK MENON, JJ.

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W.P.(C) No. 5983 of 2018

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------------------------------------------Dated this the 23^rd day of March, 2018

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J U D G M E N T

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Vinod Chandran, J.

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The petitioner is a CBSE School, who had approached this Court seeking police protection against the protest staged by respondents 3 to 7 inside the School premises, thus interfering with the academic activity of the School. The petitioner submits that there was a hike in the salary of the teaching and non-teaching staff and consequently there was a hike in the fees of the students. Protesting against the hike, the Parent Teacher Association (PTA) and its members created blockade inside the school premises, is the submission.

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The 3^rd respondent-PTA, represented by its President,

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has filed a counter-affidavit. It is stated that the reason for fee hike as stated by the management is not correct. There was no hike in salary and there was hike in the fee to 18%, that too in the middle of

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WP(C) 5983/2018

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the academic year, which was protested to by the PTA. It is stated that there is no obstruction caused as such.

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The learned Counsel for the petitioner points to Ext.P6 photographs to assert that there in fact was a blockade in the school. The learned Counsel for the 3^rd respondent also does not deny that the members of the PTA had assembled in the School, but submits it was only for negotiation and not for causing any obstruction. We are, however, unable to agree with the 3^rd respondent's Counsel that what is seen from Ext.P6 is a peaceful negotiation. There was no reason why so many members of the PTA congregated in the School premises. If at all a negotiation is going on, it has to be by the representatives of the PTA. Further, if there is any allegation of illegal hike in fees, then necessarily the PTA would have to approach appropriate authorities, including the CBSE for redressal of their grievances.

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The learned Senior Government Pleader also submits that the Police had provided adequate protection and there is no problem as of now. There was a negotiation held between the PTA and management yesterday, for which two members of the PTA

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WP(C) 5983/2018

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were permitted to go into the premise. We find that such action of the police is proper and such protection shall be continued, if any obstruction is caused. The police shall also necessarily facilitiate the negotiation, but however, the P.T.A. ensuring that not more than 2 or 3 representatives attend such negotiation. With the above directions, the Writ Petition is disposed of. No costs.

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Sd/K.VINOD CHANDRAN Judge

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Sd/ASHOK MENON Judge

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dkr

Jamia Hasania Public School v. the District Police Chief

Case brief

What is this about?

What did the court decide?

Jamia Hasania Public School v. the District Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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