Allowed

St. Thomas High School v. the State of Kerala

Kerala HC17 Sept 2021WP(C)/10854/2021

Case brief

AI extract

What is this about?

This petition by an aided school sought intervention after its request for recognizing a new English Medium division was rejected. The court directed the government to expediently consider the revision petition, hear the school, and pass orders within three months.

What did the court decide?

Directions issued to the 1st respondent to consider the revision petition, hear the petitioner, and pass orders within three months.

St. Thomas High School Vs the State of Kerala — Education and Admissions | Kerala HC (2021)

¶1

WP(C) NO. 10854 OF 2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶6

FRIDAY, THE 17^TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943

¶7

WP(C) NO. 10854 OF 2021

¶8

PETITIONER:

¶9

ST. THOMAS HIGH SCHOOL TOTTAKKADU, KOTTAYAM DISTRICT-686 539, REPRESENTED BY ITS MANAGER

¶10

BY ADV V.A.MUHAMMED

¶11

RESPONDENTS:

¶12

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001

¶13

2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014

¶14

3 THE DEPUTY DIRECTOR OF EDUCATION, VAYASKARAKUNNU, NEAR PULIMOODU JUNCTION, KOTTAYAM DISTRICT-686 001

¶15

4 THE DISTRICT EDUCATIONAL OFFICER, THIRUNAKKARA, KOTTAYAM DISTRICT-686 001

¶16

5 THE HEADMASTER, ST.THOMAS HIGH SCHOOL, TOTTAKKADU, KOTTAYAM DISTRICT-686 539

¶17

SMT NISHA BOSE SR GOVERNMENT PLEADER

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C) NO. 10854 OF 2021

¶20

¶21

JUDGMENT

¶22

The St.Thomas High School, Thottakkadu is an aided school situated in the Kottayam Educational district. The headmaster of the school submitted a detailed representation before the 4th respondent seeking recognition of the newly started English Medium parallel division in the school. The petitioner contends that the request made was rejected by Ext.P8 order on the ground that the staff fixation for 2019-20 shall be applied for the academic year 202021 as per the Government decision dated 22.01.2021. Being aggrieved and seeking intervention by the Government the petitioner is stated to have preferred Ext.P9 revision petition under Rule 12F of Chapter XXIII of the KER.

¶23

It is in the afore circumstances the petitioner is before this Court seeking directions.

¶24

Though various other reliefs are claimed, Sri. M.Sajjad, the learned counsel appearing for the petitioner, submitted that the petitioner would be satisfied if necessary directions are issued to the 1st respondent to consider Ext.P9 revision petition and pass appropriate orders in an expeditious manner with due notice.

¶25

After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by

¶26

WP(C) NO. 10854 OF 2021

¶27

¶28

issuing the following directions:

¶29

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P9 as per procedure and in strict adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or their authorised representative.

¶30

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

¶31

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

¶32

Sd/-

¶33

RAJA VIJAYARAGHAVAN V

¶34

JUDGE

¶35

¶36

WP(C) NO. 10854 OF 2021

¶37

¶38

APPENDIX OF WP(C) 10854/2021

¶39

PETITIONER'S EXHIBITS:

¶40

EXHIBIT P1 TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020 DATED 18.07.2019 OF THE DEO, KOTTAYAM EXHIBIT P2 TRUE COPY OF THE G.O(MS) NO.156/12/G.EDN DATED 22.05.2012 OF THE GOVT EXHIBIT P3 TRUE COPY OF THE LIST OF 62 STUDENTS EXHIBIT P4 TRUE COPY OF THE LIST OF STUDENTS ENROLLED IN STANDARD IX EXHIBIT P5 TRUE COPY OF THE LIST OF STUDENTS ENROLLED IN STANDARD X EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, KOTTAYM BY THE HEADMASTER DATED 19.11.2020 EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.26491/2020 DATED 08.12.2020 EXHIBIT P8 TRUE COPY OF THE ORDER NO.B5/4336/2020 DATED 20.02.2021 OF THE DEO, KOTTAYAM EXHIBIT P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 21.04.2021 EXHIBIT P10 TRUE COPY OF THE MID DAY MEAL SCHEME DETAILS OF BENEFICIARIES FOR THE YEAR 2020-2021 OF SCHOOL RESPONDENTS' EXHIBITS:

¶41

NIL

St. Thomas High School v. the State of Kerala

Case brief

What is this about?

What did the court decide?

St. Thomas High School v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Corporate Manager Vs State of Kerala

Sirajudheen Vs Dhanya Suresh

The Chairman, Vs State of Kerala

Arunraj R. Vs State of Kerala

Balakrishnan Kidavu Vs District Educational Officer

Hasif Mon K.M. Vs State of Kerala