Disposed

N. Raveendran v. State of Kerala

Kerala HC21 Jan 2020WP(C)/20985/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking enforcement of Government Orders regarding the ratio for English medium parallel divisions in schools. The Court directed the authorities to pass final orders on issued show cause notices and dispose of the petitioner's representation within four weeks.

What did the court decide?

An order directing the issuance of final orders on show cause notices within the record and the consideration of the petitioner's representation within four weeks.

N. Raveendran Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941

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WP(C).No.20985 OF 2018(S)

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PETITIONER:

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N. RAVEENDRAN AGED 64 YEARS

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OLAVARA, UDUMBUMTHALA P.O.,KASARAGODE.

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BY ADV. SRI.ANIL KUMAR M.SIVARAMAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT,TRIVANDRUM-695 001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS(DPI) OFFICE OF DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM-695 001.

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3 DEPUTY DIRECTOR OF EDUCATION OFFICE OF DEPUTY DIRECTOR,PAYYANNUR, KANNUR-670 003.

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4 ASSISTANT EDUCATION OFFICER ASSISTANT EDUCATION OFFICE,PAYYANNUR-670 307.

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R1-R4 BY SENIOR GOVERNMENT PLEADER SRI.TEK CHAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20985 OF 2018

JUDGMENT

S.MANIKUMAR,CJ

Alleging that, educational institutions opening English medium sections have violated the Government Order No.G.O.(MS) 156/12/GEdn dated 22^nd May, 2012, wherein revised guidelines have been issued for opening English medium parallel division in Government, Aided and Unaided schools in the State, petitioner has submitted Ext.P2 representation. Contending inter alia the said representation remains unanswered, instant writ petition is filed for a writ of mandamus directing State of Kerala, represented by the Secretary, General Education Department, Thiruvananthapuram, respondent No.1 and the Director of Public Instructions, Trivandrum, respondent No.2 to consider the said representation and to pass appropriate orders on Ext.P1 Government Order stated supra for ensuring quality education.

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Petitioner has also sought for a writ of mandamus directing the respondents to initiate stringent action against the misuse of Ext.P1 Government Order and consequentially directing the respondents to maintain 2:1 or atleast 1:1 ratio to open English Medium parallel division in Malayalam medium Government Aided and Unaided schools.

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WP(C).No.20985 OF 2018

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Petitioner has also sought for a prayer to cancel the unauthorized English medium schools in the State by fixing a time limit.

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Refuting the averments, a statement dated 7.9.2018 has been

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filed on behalf of Deputy Director of Education, Payyannur, respondent No.3., in which, it is inter alia stated as follows:

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“3. It is respectfully submitted that as regards St.Mary's UP School, it was submitted by the Headmaster that during the academic year 2017-18, only one English Medium Parallel Division was sanctioned from 1^st standard to VII standard. As against the staff fixation order, the Manager filed an appeal before this respondent. This respondent as per letter No.B5/17690/2017 dated 16.12.2017 allowed the appeal. Consequently, the 4^th respondent revised the staff fixation order and sanctioned two English Medium Divisions in each standards.

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It is respectfully submitted that as regards Annur UP School during the academic year 2017-18, only one English Medium Division was sanctioned from 1^st standard to VII standard by the 4^th respondent. Pursuant to the explanation sought by the 4^th respondent, the Headmistress reported that the additional English Medium Divisions in the School is functioning pursuant to the request made by the parents to admit their students in the school. It was further reported that English Medium books were received as per the indent given considering the total number of students studying in English Medium. Thereupon, the 4^th respondent visited the School. It was noticed that only 7 English Medium Divisions were sanctioned from I to

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WP(C).No.20985 OF 2018

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VII standard. But now 16 English Medium Divisions were functioning from Class I to VII. Out of this 9 English Medium Divisions were functioning without the permission of the department. Show cause notice has been issued to the Manager. The reply to the notice is yet to be received in this office.

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It is respectfully submitted that as regards the allegation that unauthorised English Medium Division is functioning in Pattiamma AUP School, the explanation offered pursuant to the direction of the 4^th respondent was not satisfactory. Therefore, the 4^th respondent visited the school and found that unauthorised English Medium classes was functioning in the 1^st standard. As per the staff fixation order for 2017-18, no English Medium Division was sanctioned at the Pattiama AUP School. The Manager of the School submitted an appeal to this respondent against the staff fixation order. The appeal was rejected as per Letter No.B5/22834/2017/KDis. dated 19.6.2018 as the number of students studying in the 1^st standard was below 30. It was found that the school has received and supplied the English Medium text books during the academic years 2017-18 and 2018-19 without permission from the department. As termination of English Medium Division which has been conducted unauthorisedly by the School would affect the students enrolled for the said division, the discontinuance of the English Medium was directed to be done from the next academic year on wards i.e.,2018-19. Thereupon, a show cause notice has been issued by this respondent to the Manager, Pattiamma AUP School, Karivellur on 23.08.2018 regarding the conduct of unauthorised Parallel English Medium class during the academic year 2018-19. The reply to the show cause was received at this office stating

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WP(C).No.20985 OF 2018

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that additional English Medium Division are functioning on the unrelenting request of parents to admit their students in the public school. Hence students were enrolled in the public school.” 5. In response to the statement, Mr.Anil Kumar M. Sivaraman,

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learned counsel for writ petitioner submitted that, though the official respondents have admitted violation of Ext.P1 Government Order, and stated to have issued show cause notices, no action has been taken so far. Therefore, he sought for a direction to the respondents to dispose of Ext.P2 representation.

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Mr.Tek Chand, learned Senior Government Pleader submitted that, Ext.P2 will be considered and disposed of in accordance with law, if not done earlier. He has also submitted that, final orders on the show cause notices would be passed, in accordance with law.

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Heard learned counsel appearing for the parties and perused the material available on record.

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In Ext.P1 Government Order dated 22^nd May, 2012, revised guidelines have been issued which is stated supra. The statement filed on behalf of respondent No.3 discloses that, on the basis of the representation submitted by the writ petitioner, the Deputy Director of Education, Payyannur, respondent No.3 has conducted an inspection in three institutions referred to in the supporting affidavit to the writ petition

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WP(C).No.20985 OF 2018

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and show cause notices have been issued. From the statement it is further deduced that, reply to the show cause notices has not been received.

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Having initiated action for violation of Ext.P1 Government Order, the same has to attain a logical conclusion. Show cause notices have been issued by the Deputy Director of Education, Payyannur, respondent No.3 herein. We direct final orders to be passed on the show cause notices, if not done earlier. Ext.P2 representation is bereft of details except stating that there are many unauthorised educational institutions conducting English medium divisions. However, the said representation is directed to be considered in accordance with law, if not done earlier, within a period of four weeks from the date of receipt of a copy of this judgment.

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With the above directions, instant writ petition is disposed of.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

SHAJI P.CHALY

JUDGE

smv

WP(C).No.20985 OF 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER G.O. (M.S) 156/2012/G.EDN. DATED 22/5/2012 EXHIBIT P2 TRUE PHOTOCOPY OF REPRESENTATION FILED BY PETITIONER TO THE 2ND RESPONDENT DATED 15.1.2018 WITH ITS ENGLISH TRANSLATION. EXHIBIT P3 TRUE COPY OF THE RIGHT TO INFORMATION REPLY (WITH ITS ENGLISH TRANSLATION) ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

N. Raveendran v. State of Kerala

Case brief

What is this about?

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N. Raveendran v. State of Kerala

Case brief

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