Disposed

Muhammed Shereef v. Vs State of Kerala

Kerala HC27 Sept 2021WP(C)/14813/2021

Case brief

AI extract

What is this about?

Managers of unaided schools filed a writ petition challenging an order that mapped certain schools in the Sampoorna software for issuing transfer certificates. Seeking inclusion of their schools, the Court directed the Director to consider pending representations with a hearing and dispose of the matter within two months. The petition was disposed of after issuing the directions.

What did the court decide?

Directions issued to the 2nd respondent to consider pending petitions with an opportunity of hearing and to pass orders within two months.

Muhammed Shereef v. Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 14813 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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MONDAY, THE 27^TH DAY OF SEPTEMBER 2021 / 5TH ASWINA, 1943

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WP(C) NO. 14813 OF 2021

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PETITIONER/S:

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1 MUHAMMED SHEREEF V. AGED 48 YEARS S/O.MAMU, VETTUPARAMBIL HOUSE, PUVATHUMTHARA, EDAYUR, MALAPPURAM DISTRICT-676 552.

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2 AHAMED T,

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AGED 77 YEARS, S/O. KUNHIPPARI, JASMINE, THALAMUNDA, KANHIRODE P.O, KANNUR DISTRICT-670 592

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BY ADVS. P.CHANDRASEKHAR K.K.MOHAMED RAVUF RANI MADHU MANJARI G.B. SATHEESH V.T.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, GOVERNMENT OF KERALA, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 THE DISTRICT EDUCATION OFFICER, TIRUR, MALAPPURAM DISTRICT-676101

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4 DISTRICT EDUCATION OFFICER, KANNUR, THAVAKKARA POST, KANNUR DISTRICT-670 002

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SRI BIJOY CHANDRAN, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14813 OF 2021

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JUDGMENT

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The petitioners are stated to be Managers of unaided recognised public schools. They have approached this Court being aggrieved by Ext.P5 order issued by the 2nd respondent.

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It appears that it came to the notice of the respondents that the students who were seeking admission to public/aided schools were facing difficulty in obtaining transfer certificates from unaided/unrecognised schools. By Ext.P5 order, it has been ordered that in the case of students who seek admission in public schools from such schools, the UID of such students are to be included in the schools in which they seek new admission. In cases wherein such students face difficulty in getting transfer certificates from their former school, the Headmaster of the school to which admission is sought has to submit an application showing details mentioned therein including address, school code, educational district, UID etc. and the AEO/DEO concerned after verifying the application is required to forward the same along with their recommendation to the State office of KITE by e-mail.

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The petitioners contend that Ext.P5 is illegal. According to them, the recognized unaided schools are being discriminated against as the schools run by the petitioners are not included in the Sampoorna Software. According to them, the denial of the facility and the non-inclusion of the schools run by

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WP(C) NO. 14813 OF 2021

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the petitioners in the Sampoorna software is arbitrary and illegal. It is in the afore circumstances that the petitioners are stated to have filed Exts.P6 and P7 representations before the 2nd respondent. Complaining of inaction, the petitioners are before this Court seeking the following reliefs:

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i) Issue a writ of mandamus or any other order, writ or direction directing the 2nd respondent to consider Exhibits P6 and P7 petitions, include the name and other details of the schools of the petitioners in school pop down menu for applying online Transfer Certificate in Sampoorna software and ensure that the petitioners’ schools are able to avail facilities provided by government to apply for online Transfer Certificate, without any delay.

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The learned Government Pleader, on instructions, submitted that it

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was taking note of the difficulties faced by students who intend to take admission in Government schools and aided schools from unrecognized/unaided schools during the COVID scenario that Ext.P5 order was issued. According to the learned Government Pleader, nothing prevents a student from obtaining a transfer certificate and presenting it before the school to which the student requires transfer. If a student requires to obtain TC from a school to join the schools run by the petitioners, they can very well obtain a transfer certificate and present the same before the petitioners and the same will be treated as valid. Merely because the names of the school run by the petitioners have not been mapped in the Sampoorna software will not make any difference, is the submission. The submission of the learned Government Pleader would substantially alleviate the grievance of the petitioners. Insofar

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WP(C) NO. 14813 OF 2021

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as Exts.P6 and P7 are concerned, it is submitted that there is no impediment in taking up and considering the same.

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5. After having carefully evaluated the contentions raised in this writ

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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 issuing the following directions:

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a) There will be a direction to the 2nd respondent to take up,

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consider and pass appropriate orders on Exhibits P6 and P7, after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorised representatives.

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b) Orders, as directed above, shall be passed expeditiously, in any

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event, within a period of two months from the date of production of a copy of this judgment.

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c) The petitioners shall forward a copy of the writ petition along with this judgment before the concerned respondent for further action.

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The 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. 14813 OF 2021

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APPENDIX OF WP(C) 14813/2021

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE ORDER DATED 05.11.2005 OF THE DISTRICT EDUCATION OFFICER, TIRUR GRANTING PERMANENT RECOGNITION TO STANDARDS VIII TO X FROM THE YEAR 2005-2006 TO THE 1ST PETITIONER'S SCHOOL. Exhibit P2 A TRUE COPY OF THE ORDER DATED 31.03.2012 OF THE 3RD RESPONDENT GRANTING PERMANENT RECOGNITION TO STANDARDS I TO VII FROM 2011-2012 TO THE 1ST PETITIONER'S SCHOOL. Exhibit P3 A TRUE COPY OF THE ORDER DATED 10.03.2006 OF THE DISTRICT EDUCATIONAL OFFICER, KANNUR GRANTING PERMANENT RECOGNITION TO THE 2ND PETITIONER'S SCHOOL. Exhibit P4 A TRUE COPY OF G.O(RT) NO. 2968/2021/G.EDN. DATED 08.06.2021. Exhibit P5 A TRUE COPY OF THE ORDER NO. Q.I.P(1)/247365/2021/D.G.E DATED 11.06.2021 OF THE 2ND RESPONDENT.

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Exhibit P6 A TRUE COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER DATED 7.7.2021 TO THE 2ND RESPONDENT. Exhibit P7 TRUE COPY OF THE PETITION DATED 8.7.2021 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS:NIL

Muhammed Shereef v. Vs State of Kerala

Case brief

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Muhammed Shereef v. Vs State of Kerala

Case brief

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