Writ petitioner challenged an order directing re-election of the PTA President. The Court held that the representation filed by the petitioner must be considered before passing orders on the challenge.
Direction to the Deputy Director of Education to consider the petitioner's representation and pass appropriate orders within three weeks.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940
WP(C).No. 3858 of 2019
PETITIONER/S:
P.M.ABDUL JALEEL
S/O ABDUL KHADER, PADIKKAMANNIL HOUSE, P.O. OTTAPALAM,PALAKKAD DISTIRCT
BY ADVS.
SRI.P.JAYARAM SRI.SARATH CHANDRAN K.B.
RESPONDENT/S:
1 THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD-678 001
4 SUNEERA W/O.MUJEEB RAHMAN, OTTAYIL VEEDU, OTTAPALAM EAST ,P.O.OTTAPALAM -679 101
5 STATE OF KERALA, REPRESENTED BY THE SECRETARY,DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHPAURAM-695 001
OTHER PRESENT:
SR.GP B VINOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court
seeking the following reliefs:
i. Declare that the petitioner is entitled to hold the post of President of Parent Teachers' Association at Government Higher Secondary School, Ottapalam-East as guardian of the Orphan students from Dharul Khairath Yatheemkhana at Ottapalam East.
ii. Issue a writ of certiorari or other appropriate writ, direction or order quashing Exhibit P1 order.”
and the learned Government Pleader.
There will accordingly be a direction to the first respondent to take up, consider and pass appropriate
WP(C).No. 3858 of 2019
3
orders on Ext.P5 representation preferred by the petitioner, with notice to the petitioner as well within a period of three weeks from the date of receipt of a copy of this judgment. Further proceedings shall be taken only after orders are passed as directed above.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
sab
WP(C).No. 3858 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 24.1.2019 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER,OTTAPALAM DIRECTING RE-ELECTION TO THE POST OF P.T.A. PRESIDENT AT GOVERNMENT HIGHER SECONDARY SCHOOL, OTTAPALAM EAST
EXHIBIT P2 TRUE COPY OF THE G.O.NO.126/2007/G.ED.DATED 25.6.2007GUIDLINES OF THE WORKING OF PARENTTEACHER' ASSOCIATION IN GOVERNMENT/AIDED SCHOOLS
EXHIBIT P3 TRUE COPY OF THE INFORMATION OBTAINED UNDER RIGHT OT INFORMATION ACT FROM THE 3RD RESPONDENT WITH RESPECT TO GUARDIANSHIP OF STUDENTS NAMED MOHAMED NIYAZ,MUHAMMED NAZEEF MUHAMMED FAZIL
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 29.9.2018 SENT OT THE 3RD RESPONDENT, THE PRINCIPAL, BY THE MANAGER, DHARUL KHAIRATH ORPHANAGE, OTTAPALAM, APPOINTING THE PETITIONER TO REPRESENT THE STUDENTS FROM ORPHANAGE AT THE SCHOOL
EXHIBIT P5 TRUE COPY OF HE COMPLAINT DATED 5.2.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AGAINST THE EXHIBIT P1 ORDER
1 issue framed by the court
Whether the representation preferred by the petitioner against the order directing re-election should be considered.
P.M. Abdul Jaleel
The Deputy Director of Education Palakkad
The District Educational Officer, Ottapalam
The Principal Government Higher Secondary School, Ottapalam East
Suneera
State of Kerala
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
