Allowed

The Chairman, v. State of Kerala

Kerala HC16 Sept 2021WP(C)/16366/2021

Case brief

AI extract

What is this about?

Writ petition filed by a school chairman for recognition. Court directed District Educational Officer to complete inspection and forward records within two weeks, and State Government to decide on No Objection Certificate within two months of receipt.

What did the court decide?

Directions issued to District Educational Officer to complete process within two weeks and Government to decide NOC within two months.

The Chairman, Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 16366 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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THURSDAY, THE 16^TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943

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WP(C) NO. 16366 OF 2021

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PETITIONER:

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THE CHAIRMAN,

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SREE SARADA VIDYA MANDIR, ELENTHIKKARA P.O., ERNAKULAM DISTRICT-682 313.

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENTS:

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

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

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3 THE DISTRICT EDUCATIONAL OFFICER ALUVA, ERNAKULAM DISTRICT.

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4 THE ASSISTANT EDUCATIONAL OFFICER NORTH PARAVUR, ERNAKULAM DISTRICT-683 513.

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5 THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, NEW DELHI-110 092.

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BY ADV SRI.NIRMAL S., SC, CBSE

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SMT NISHA BOSE SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16366 OF 2021

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JUDGMENT

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The petitioner states that he is the Chairman of the Sree Sarada Vidya Mandir, Elenthikkara situated in Aluva Educational District which school follows the CBSE syllabus. The school is conducting classes from pre-primary to standard VII. It is submitted that an application for recognition was submitted by the petitioner herein, a copy of which is produced as Ext.P3. The grievance of the petitioner is that the application has not been considered and processed by the respondents within the timeframe. It is in the afore circumstances that the petitioner has approached this court seeking directions.

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The learned Government Pleader, on instructions, submitted that after clearing the entire defects the petitioner had resubmitted the application on 03.05.2021. It is submitted that the DEO shall conduct an inspection within a period of two weeks from today and thereafter the records shall be forwarded to the DGE for onward transmission to the Government. It is also submitted that a decision shall be taken within a period of three months from the date of transmission of records by the DEO.

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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 issuing the following directions:

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WP(C) NO. 16366 OF 2021

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a) There will be a direction to the 3rd respondent to complete the process concerning Ext.P3 application and the records shall be forwarded to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this judgment.

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b) On receipt of the report, the DGE shall note the opinion /recommendation and forward the same to the 1^st respondent within a further period of two weeks. The 1st respondent shall take a decision on the grant of NOC to the petitioner within a period of two months from the date of receipt of the opinion/recommendation from the 2nd respondent.

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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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WP(C) NO. 16366 OF 2021 4

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APPENDIX OF WP(C) 16366/2021

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE JUDGMENT IN WPC NO.10657/2019 DATED 7.6.2019. Exhibit P2 TRUE COPY OF THE LETTER NO.B6/7760/19/N.DIS DATED 6.12.2019 ADDRESSING THE PETITIONER BY THE DEO, ALUVA. Exhibit P3 TRUE COPY OF THE APPLICATION FOR RECOGNITION AND NOC FOR AFFILIATION SUBMITTED BY THE PETITIONER DATED 2.8.2018. Exhibit P4 TRUE COPY OF THE CHALAN RECEIPT DATED 31.5.2019. Exhibit P4(A) TRUE COPY OF THE COVERING LETTER OF THE PETITIONER ADDRESSING THE DEO, ALUVA DATED 3.5.2021. Exhibit P5 TRUE COPY OF THE G.O.(MS) NO.23/2020/G.EDN DATED 4.2.2020.

The Chairman, v. State of Kerala

Case brief

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The Chairman, v. State of Kerala

Case brief

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