Disposed

C.Abdul Kareem v. State of Kerala

Kerala HC30 Sept 2021WP(C)/19978/2021

Case brief

AI extract

What is this about?

The Kerala High Court directed the Director of General Education to hear the petitioner along with the additional 7th respondent while considering a representation regarding management quota seats, in compliance with prior court directions.

What did the court decide?

Direction to the 2nd respondent to hear the petitioner as well at the time of considering the representation filed by the additional 7th respondent.

C.Abdul Kareem Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 19978 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 THURSDAY, THE 30^TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 WP(C) NO. 19978 OF 2021

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PETITIONER/S:

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C.ABDUL KAREEM, AGED 69 YEARS, S/O.MOIDEENKUTTY, C.K.HOUSE, KUTTIKKOL P.O., TALIPARAMBA, KANNUR-670562.

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BY ADV MANAS P HAMEED

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RESPONDENT/S:

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

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

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, PAYYAMBALAM, PAYYAMBALAM P.O., KANNUR-670001.

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4 THE DEPUTY DIRECTOR OF EDUCATION, PUZHATHI HOUSING COLOY, KANNUR-670002.

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5 THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA, KANNUR-670141.

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6 SUBAIR P.K., S/O.A.P.MOIDEEN KUTTI, POOMANKALORAKATH KAPPILI,

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ANUGRAHA, GANDHI NAGAR, PUSHPAGIRI, TALIPARAMBA P.O.,

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WP(C) NO. 19978 OF 2021 2

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KANNUR-670141.

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*ADDL.R7 THE SEETHI SAHIB HIGHER SECONDARY SCHOOL, TALIPARAMBA, 670141, KANNUR DISTRICT, REPRESENTED BY ITS MANAGER, PETITIONER IN WP(C) NO.19290 OF 2021 ON THE FILES OF HONOURABLE HIGH COURT OF KERALA.

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SMT NISHA BOSE, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19978 OF 2021

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JUDGMENT

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This 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 directing the 2nd respondent to grant an opportunity of being heard to the petitioner before passing any order on the representation filed by the 7th respondent regarding appropriation of management quota in Seethi Sahib Higher Secondary School, Taliparamba, Kannur district.

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ii. Issue a writ of mandamus or any other appropriate writ, order or directing the 2nd respondent to consider Exhibit-P5 representation submitted by the petitioner and to pass appropriate orders expeditiously.”

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The petitioner contends that there is dispute with regard to the Management of

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the Seethi Sahib Higher Secondary School, Taliparamba. Numerous litigations are pending before various forums. While so, during the academic year 2021-22, the Government after due enquiry, passed Ext.P3 order ordering that the management quota seats in those Higher Secondary Schools, beset with management disputes and court cases, shall be appropriated towards merit quota. The Seethi Sahib HSS was also included in Ext.P3. Suppressing the management disputes, the 6th respondent approached this Court and had filed W.P.(C)No.19290 of 2021 contending that he is the Manager of the School and that there are no management disputes or court cases. The petitioner asserts that the assertions made by the 6th respondent in the said writ petition are not true to facts. By judgment dated 16.09.2021, this Court had directed the petitioner in W.P.(C)No.19290 of

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WP(C) NO. 19978 OF 2021 4

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2021 to approach the 2nd respondent and to file a representation and the 2nd respondent was directed to hear the matter and dispose it of within a period of two weeks. The petitioner contends that he also is entitled to be heard along with the 6th respondent. It is on these contentions that this Writ Petition is filed.

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I have heard the learned Government Pleader as well as the learned counsel appearing for the additional 7th respondent.

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The learned Government Pleader on instructions submitted that pursuant to directions issued by this Court as per Exhibit-P4 judgment, the respondents have scheduled the hearing on 04.10.2021. It is submitted that if so directed, the petitioner herein can also be afforded an opportunity when the matter is considered by the DGE.

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In that view of the matter, there will be a direction to the 2nd respondent to hear the petitioner as well at the time of considering the representation filed by the additional 7th respondent pursuant to directions issued by this Court in W.P.(C).No.19290/2021.

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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/30.9.21

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WP(C) NO. 19978 OF 2021 5

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PETITIONER (S) EXHIBITS :

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Exhibit P1 TRUE COPY OF JUDGMENT DATED 04.05.2018 IN C.R.P.NO.316 OF 2018 PASSED BY THIS HONOURABLE COURT. Exhibit P2 TRUE COPY OF COMPLAINT DATED 25.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P3 TRUE COPY OF ORDER NO.ITC CELL/1771/DGEHSE/2021 DATED 03.09.2021 PASSED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF JUDGMENT DATED 16.09.2021 IN W.P(C)NO.19290 OF 2021 PASSED BY THIS HONOURABLE COURT. Exhibit P5 TRUE COPY OF REPRESENTATION DATED 17.09.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENT (S) EXHIBITS : NIL

C.Abdul Kareem v. State of Kerala

Case brief

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C.Abdul Kareem v. State of Kerala

Case brief

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