Partly allowed

V.Raveendran Nair v. State of Kerala

Kerala HC12 Oct 2021WP(C)/12813/2021

Case brief

AI extract

What is this about?

The Court held that having an efficacious statutory remedy under Rule 4(3) of the KER, the writ petition is not maintainable. The petitioner was directed to approach the Director of Higher Secondary Education (DGE) by preferring an appeal.

What did the court decide?

The petitioner was directed to prefer an appeal with the Director of Higher Secondary Education (DGE) within two weeks; the DGE shall consider the appeal and pass orders within three months and afford

V.Raveendran Nair Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 12813 OF 2021

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 12^TH DAY OF OCTOBER 2021 / 20TH ASWINA, 1943

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WP(C) NO. 12813 OF 2021

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PETITIONER/S:

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V.RAVEENDRAN NAIR, AGED 69 YEARS, S/O.LATE RAGHAVAN NAMBAIR VARIKKATT HOUSE, ULLIYERI, KOZHIKODE DISTRICT-PIN 673 323.

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BY ADVS. K.B.PRADEEP HARISHANKAR R PRIYA MARY P.L.

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RESPONDENT/S:

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1 STATE OF KERALA REP.BY SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM 695 001.

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3 THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, WAYANAD DISTRICT 673 121.

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4 ULLIYERI SOCIETY ULLIYERI SECONDARY SCHOOL COMMITTEE, ULLIYERI, KOYILANDY, KOZHIKODE DISTRICT, A SOCEITY REP. BY ITS PRESIDENT, ASHRAF, S/O.POKKAR HAJI, KUNIYIL HOUSE, ULLIYERI AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT 673 305.

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5 ASHRAF, AGED 49 YEARS S/O.POKKAR HAJI, KUNIYIL HOUSE, ULLIYERI AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT 673 305.

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WP(C) NO. 12813 OF 2021 2

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ADDL. R6 IMPLEADED: ADDL.R6 RAMACHANDRAN, AGED 65 YEARS, S/O.KUTTIKRISHNAN NAIR, RESIDING AT MADATHIL HOUSE, ULLIYERI P.O, KOZHIKODE DISTRICT.

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ADDL R6 IMPLEADED AS PER ORDER DATED 10-08-2021 IN * IA 1/2021 IN WP(C)12813/2021.

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BY ADVS. P.K.SURESH KUMAR (SR.) K.MOHANAKANNAN K.P.SUDHEER C.K.SHERIN

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SRI BIJOY CHANDRAN, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12813 OF 2021

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JUDGMENT

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Under challenge in this writ petition is Ext.P10 order as per which the 2nd respondent has granted approval to the appointment of the 5th respondent as Manager of the Palora Higher Secondary School.

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Sri.K.B.Pradeep, the learned counsel appearing for the petitioner submitted that the 5th respondent does not hold a share certificate to prove his primary membership. It is also contended that the petitioner was not given any notice of the meeting which was conducted on 16.4.2021. Finally, it is submitted that the petitioner having withdrawn his resignation, the 2nd respondent ought to have decided on the issue of continuation of the petitioner as a Committee member before passing Ext.P10.

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Sri. Bijoy Chandran, the learned Senior Government Pleader submitted that if the petitioner was in any way aggrieved by the order of the Educational Officer passed under sub-rule (1) or (2) of Rule 4 of Chapter III of the KER, his remedy is to prefer an appeal to the Director. It is contended that when the petitioner has an efficacious statutory remedy, this writ petition is not liable to be entertained.

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WP(C) NO. 12813 OF 2021

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I have heard Sri. K.P.Sudheer, the learned counsel appearing for the party respondents as well.

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Having considered the submissions, I am of the considered opinion that it is for the petitioner to approach the appropriate authority and prefer an appeal invoking Rule 4(3) of Chapter III of the KER.

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In that view of the matter, this writ petition can be disposed of with the following directions:

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a) If the petitioner approaches the DGE and prefers an appeal within a period of two weeks from the date of receipt of a copy of this judgment, the DGE shall consider the same as per procedure and in adherence to the provisions of law, and pass appropriate orders expeditiously in any event within a period of three months from the date of filing of the appeal.

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b) The DGE shall afford an opportunity of being heard either virtually or in person to the petitioner as well as the party respondents.

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c) The contentions raised by the petitioner in this writ petition are all left open.

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d) The petitioner shall produce a copy of this writ petition

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WP(C) NO. 12813 OF 2021

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along with a copy of the judgment before the concerned respondent

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for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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WP(C) NO. 12813 OF 2021

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APPENDIX OF WP(C) 12813/2021

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PETITIONER (S) EXHIBITS :

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Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 27/7/2017 Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 28/9/2017. Exhibit P3 TRUE COPY OF THE ORDER DATED 29/1/2020. Exhibit P4 TRUE COPY OF THE LETTER DATED 21/12/2020. Exhibit P5 TRUE COPY OF THE SAID JUDGMENT DATED 31/3/2021. Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) 13160/2020. Exhibit P7 TRUE COPY OF THE LETTER WITHDRAWING PETITIONER'S RESIGNATION, DATED 4/5/2021. Exhibit P8 TRUE COPY OF THE LETTER, DATED 6/4/2021. Exhibit P9 TRUE COPY OF THE ORDER, DATED 6/5/2021. Exhibit P10 TRUE COPY OF NOTICE DATED 19.4.2021. Exhibit P11 TRUE COPY OF THE MEMORANDUM OF THE ULLIYERI SECONDARY SCHOOL COMMITTEE - ASSOCIATION DATED 06.05.19991. EXHIBIT 12 TRUE TYPED COPY OF THE MEMORANDUM OF THE ULLIYERI SECONDARY SCHOOL COMMITTEE -ASSOCIATION DATED 6.5.1991.

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RESPONDENT (S) EXHIBITS :

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EXHIBIT R5(A) TRUE COPY OF ORDER NO.K.DIS.B3/3617/2015 DATED 30.10.2017 ISSUED BY THE 3RD RESPONDENT.

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WP(C) NO. 12813 OF 2021

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EXHIBIT	R5(B) TRUE COPY OF FINAL REPORT IN CRIME NO.54/2018 OF ATHOLY POLICE STATION.
EXHIBIT	R5(C) TRUE COPY OF APPLICATION DATED 20.01.2021 SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT	R5(D) TRUE COPY OF LETTER DATED 20.01.2021 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT.
EXHIBIT	R5(E) TRUE COPY OF INTERIM ORDER DATED 20.06.2018 IN W.P.(C)No.17255/2018 PASSED BY THIS HON'BLE COURT.
EXHIBIT	R5(F) TRUE COPY OF INTERIM ORDER DATED 31.05.2019 IN I.A.NO.3/2019 IN W.P. (C)No.17255/2018 PASSED BY THIS HON'BLE COURT.
EXHIBIT	R5(G) TRUE COPY OF INTERIM ORDER DATED 29.07.2020 IN I.A.No.1/2020 IN W.P. (C)No.17255/2018 PASSED BY THIS HON'BLE COURT.

V.Raveendran Nair v. State of Kerala

Case brief

What is this about?

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V.Raveendran Nair v. State of Kerala

Case brief

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