Disposed

The Manager, P.P.T.M.Y.H.S.S. Cherur v. the State of Kerala

Kerala HC4 Feb 2021WP(C)/1773/2021

Case brief

AI extract

What is this about?

Writ petition by a school manager seeking sanction for additional higher secondary batches. Court directed the State Government to consider the pending representation and pass appropriate orders within three months.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's representation and pass appropriate orders within three months.

The Manager, P.P.T.M.Y.H.S.S. Cherur Vs the… — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

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WP(C).No.1773 OF 2021(V)

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PETITIONER:

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THE MANAGER, P.P.T.M.Y.H.S.S. CHERUR VENGARA, MALAPPURAM-676304.

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BY ADVS. SRI.T.T.MUHAMOOD SRI.A.RENJIT SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SHRI.T.R.VISHNU

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RESPONDENTS:

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1 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR GENERAL OF EDUCATION, (HIGHER SECONDARY WING), DIRECTORATE OF GENERAL EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

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3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, MALAPPURAM-679324.

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SR GP, NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1773 OF 2021

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JUDGMENT

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Dated this the 4^th day of February 2021

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This writ petition is filed seeking the following prayers:

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“(i) issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P4 Government order.

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ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing 1^st and 2^nd respondent to sanction 5 additional higher secondary batches to the petitioner's school in commerce, humanities and science.

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iii) 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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Heard the learned counsel for the petitioner and the learned Government Pleader.

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The petitioner is the Manager of an aided higher secondary school. S eeking sanction of additional higher secondary batches to the petitioner's school, th e petitioner has preferred Ext.P8 representation before the Government, which is pending. The petitioner seeks a consideration of the same in the light of Ext.P5 Government Order and Ext.P7 report of the State Level Committee.

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WP(C).No.1773 OF 2021

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Having heard the learned Government Pleader also, there will be

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a direction to the 1^st respondent to take up, consider and pass orders on Ext.P8 representation submitted by the petitioner in the light of Exts.P5 and P7 with notice to the petitioner as well as any other affected parties. Appropriate orders shall be passed after hearing the parties, through any appropriate means including video conferencing, within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.1773 OF 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF CERTIFICATE ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS ON 27.3.2012.
EXHIBIT P2	TRUE COPY OF REPRESENTATION DATED 18.5.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.
EXHIBIT P3	TRUE COPY OF JUDGMENT DATED 30.7.2019 IN WP(C) NO.19221/2019.
EXHIBIT P4	TRUE COPY OF GO(RT)NO.2350/2020/G.EDN. DATED 24.7.2020.
EXHIBIT P5	TRUE COPY OF GO(MS) NO.75/2016/G.EDN. DATED 5.2.2016.
EXHIBIT P6	TRUE COPY OF PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 9.7.2020 SHOWING THE ACUTE SHORTAGE OF +1 SEAT IN MALAPPURAM DISTRICT.(WITH TYPED COPY)
EXHIBIT P7	TRUE COPY OF RELEVANT PAGES OF THE REPORT OF THE STATE LEVEL COMMITTEE WITH RESPECT TO THE ACADEMIC YEAR 2020-21.
EXHIBIT P8	TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 4.1.2021.

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RESPONDENT'S/S EXHIBITS: NIL

The Manager, P.P.T.M.Y.H.S.S. Cherur v. the State of Kerala

Case brief

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The Manager, P.P.T.M.Y.H.S.S. Cherur v. the State of Kerala

Case brief

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