Disposed

V. Udayakumar, v. State of Kera

Kerala HC14 Feb 2019WP(C)/2582/2019

Case brief

AI extract

What is this about?

Writ petition challenging a communication recalling a previous order invalidating a PTA election. Court held the issue must be considered on merits by the DPI or State Government. Petition closed leaving contentions open for appropriate proceedings before expiry of the PTA term.

What did the court decide?

Writ petition is closed leaving all contentions open to be agitated in appropriate proceedings.

V. Udayakumar, Vs State of Kera — Education and Admissions | Kerala HC (2019)

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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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THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940

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WP(C).No. 2582 of 2019

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PETITIONER/S:

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V. UDAYAKUMAR, AGED 47 YEARS S/O VELAYUDHAN PILLAI, MANNARUKONATH VEEDU, THETTICHIRA, ANDOORKONAM P.O., POTTINCODE, THIRUVANANTHAPURAM.

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BY ADVS. SRI.P.SIVARAJ SMT.M.M.LAIJU NISSA SMTR.SUDARSANA DEVI SRI.I.P.VARGHESE

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RESPONDENT/S:

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1 STATE OF KERA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-690001. 2 ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION (GENERAL) AND VIGILANCE OFFICER, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, VIKAS BHAVAN, THIRUVANANTHAPURAM 3 ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM.

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4 THE HEADMASTER, GOVERNMENT U.P. SCHOOL, POTHENCODE, THIRUVANANTHAPURAM. 5 BABU J @ POTHENCODE BABU, S/O. JANARDHANAN,AGED 51, PUTHUPALLIKONAM, PUTHENVEEDU, POTHENCODE P.O, (PTA PRESIDENT, GOVERNMENT U.P. SCHOOL, POTHENCODE),(ADDL 5TH RESPONDENT IMPLEADED AS PER ORDER DATED 14.02.2019.) BY ADV. SRI.J.JAYAKUMAR GP B VINITHA*

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2582 of 2019 2

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JUDGMENT

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This writ petition is filed challenging Ext.P3 communication issued by the DPI. The petitioner who is a member of the Executive Committee of the Parents Teachers Association of a government school, states that election to the committee had been conducted in violation of the provisions of the Government Order dated 25.06.2007 which prescribe the procedure.

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It is stated that the Director of Public Instructions, had passed Ext.P2 order dated 20.12.2018 invalidating the election. However by Ext.P3 communication dated 27.01.2019, it is stated that Ext.P2 order has been recalled. An impleading petition has been preferred by the President of the Parents Teachers Association stating that the DPI's order has been vacated.

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I am of the opinion that this is an issue which has to be considered by the DPI or the State Government on its merits. Since the term of the PTA is due to expire by the end of March and since the issue is with regard to the election to the Executive Committee of Parents Teachers Association in a Government School, I am of the opinion that this Court exercising jurisdiction under Article 226 of the

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WP(C).No. 2582 of 2019 3

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constitution of India is not justified in dealing with the merits of the matter. Leaving open all the contentions of the parties to be agitated in

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appropriate proceedings, the writ petition is closed.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No. 2582 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMPLAINTS SUBMITTED BY THE PETITIONER AND OTHER 3 MEMBERS OF THE PTA EXECUTIVE COMMITTEE BEFORE THE DPI

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20.12.2018 OF THE ADDITIONAL DPI

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EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER NO.101/2019/NOR DATED 7.1.2019 EXHIBIT P4 TRUE COPY OF THE ENQUIRY REPORT OF THE JT.DIRECTOR(ACADEMIC), OFFICE OF THE D.P.I. THIRUVANANTHAPURAM

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RESPONDENT'S EXHIBITS:

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EXHIBIT R-5(A)

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TRUE COPY OF THE MINUTES OF MEETING OF PTA HELD ON 7.9.2018

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//TRUE COPY// Sd/PA TO JUDGE

V. Udayakumar, v. State of Kera

Case brief

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V. Udayakumar, v. State of Kera

Case brief

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