Disposed

The Manager v. the State of Kerala

Kerala HC1 Sept 2021WP(C)/15727/2021

Case brief

AI extract

What is this about?

The Writ Court directed the Secretary to Government, General Education Department, to take up, consider, and pass orders on the petitioner's representation seeking sanction of additional higher secondary batches. The Court fixed a period of three months for passing orders and mandated an opportunity of hearing.

What did the court decide?

Directed the 1st respondent to consider Ext.P1 within three months; petitioner to be heard; copy of judgment to be produced.

The Manager Vs the State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 15727 OF 2021 1

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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 WEDNESDAY, THE 1^ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943 WP(C) NO. 15727 OF 2021

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PETITIONER/S:

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THE MANAGER, SABARI HIGHER SECONDARY SCHOOLS, PALLIKURUP P.O., MANNARKKAD, PALAKKAD-678 582.

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BY ADVS. T.T.MUHAMOOD V.E.ABDUL GAFOOR A.MOHAMMED SAVAD T.R.VISHNU NAZEER HUZAIN.H

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RESPONDENT/S:

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1 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), DIRECTORATE OF GENERAL EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

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3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, MALAPPURAM-676 505.

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SRI BIJOY CHANDRAN, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15727 OF 2021

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JUDGMENT

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The above writ petition is filed seeking the following reliefs:

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“i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing 1st and 2nd respondent to sanction 2 additional higher secondary batches (code 39 and code 01) to the petitioner’s school.

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ii) direct the respondents to call for applications from the educational agencies in the district and sanction the higher secondary batch to the petitioner’s school.

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iii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass orders on Ext.P1 representation within the time stipulated by this Hon’ble Court.”

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Sri. T.T.Muhamood, the learned counsel appearing for the

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petitioner submits that though various reliefs are claimed, the limited request of

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the petitioner is for expeditious consideration of Ext.P1 representation.

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Heard the learned Government Pleader.

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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,

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I am of the view that this writ petition can be disposed of by issuing the

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WP(C) NO. 15727 OF 2021 3

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following directions:

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a) Without expressing any opinion on the merits of the assertions made by the petitioner in the representation, there will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P1, as per procedure and in strict adherence to the provisions of law. An opportunity of being heard, either physically or virtually, shall be afforded to the petitioner.

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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.

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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.

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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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DSV

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WP(C) NO. 15727 OF 2021 4

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APPENDIX OF WP(C) 15727/2021

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PETITIONER (S) EXHIBITS:

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Exhibit P1 TRUE COPY OF REPRESENTATION DATED 26.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P2 TRUE COPY GO (MS) NO 75/2016/G.EDN DATED 5.4.2016 Exhibit P3 TRUE COPY OF RELEVANT PAGES OF THE REPORT OF THE STATE LEVEL COMMITTEE.

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RESPONDENT (S) EXHIBITS: NIL

The Manager v. the State of Kerala

Case brief

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The Manager v. the State of Kerala

Case brief

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