The High Court of Kerala dismissed a long-pending writ petition seeking additional divisions for a school for the academic year 2010-11. Due to the seven-year delay and lack of record regarding subsequent developments, the Court refused to grant the relief and closed the petition without orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.20912 OF 2013(L)
PETITIONER:
THE MANAGER, M.V.H.S.S. ARUMANOOR ARUMANOOR, POOVAR P.O, NEYYATTINKARA EDUCATIONAL DISTRICT, THIRUVANANTHAPURAM DISTRICT - 695 525.
BY ADVS. SRI.P.RAVINDRAN (SR.) SRI.M.R.SABU
RESPONDENTS:
1 THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA NEYYATTINKARA- 695 121
3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, SECRETARY TO GOVERNMENT, GENERAL EDUCATION (H) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, 695 001.
*ADDL REJI.C.A. R4 USHUS, MANALUVILA, VENPAKAL.P.O.
*ADDL KARTHIKA.L. R5 KARTHIKA, KULATHOOR, UCHAKADA.P.O.
*ADDL VINEETHA R6 VALIYAVILA VEEDU, KANJIRAMKULAM.P.O.
***(ADDL R4 TO R6 ARE IMPLEADED AS PER ORDER DATE 21.1.2014 IN IA.NO.874/2014)**
BY ADV. SRI.BASANT BALAJI
OTHER PRESENT:
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20912 OF 2013(L)
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J U D G M E N T
This matter has been pending on the files of this Court from the year 2013 onwards but nothing has been brought on record as to the developments during the last seven years.
2 . I say so because, the prayer in this writ petition is that directions be issued to the District Educational Officer to pass orders sanctioning additional divisions in Standards VI and VII of the petitioner - School for the year 2010-2011, on the basis of the students strength on 08.06.2010, which is the actual date of verification of students' strength.
3 . It is, therefore, obvious that grant of such reliefs at this point of time cannot be considered, particularly when this Court is not aware as to whether the School has already been granted the benefits sought for, albeit from a later date.
In the afore circumstances, I close this writ petition
WP(C).No.20912 OF 2013(L)
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without any further orders; however, leaving liberty to the petitioner to seek a rehearing of this matter, if they
feel that any further orders are necessary.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C).No.20912 OF 2013(L)
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | EXT.P1 - TRUE COPY OF THE ORDER OF THE STAFF FIXATION FOR THE YEAR 2010-11 DATED 12-1-2011 |
|---|---|
| EXHIBIT P2 | EXT.P2 - TRUE COPY OF THE APPEAL FILED BEFORE THE DPI DATED 17-3-2011 |
| EXHIBIT P3 | EXT.P3 - TRUE COPY OF THE ORDER OF THE DPI DATED 17-8-2012 |
| EXHIBIT P4 | EXT.P4 - TRUE COPY OF THE REVISION FILED BEFORE THE GOVERNMENT DATED 15-9-12 |
| EXHIBIT P5 | EXT.P5 - TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 31-5-2013 |
| EXHIBIT P6 | TRUE COPY OF THE ORDER NO.GO. (P)NO29/2016/GEN.EDN. DATED 29.1.2016. |
2 issues framed by the court
Whether directions can be issued for sanctioning additional divisions in a school for the academic year 2010-11 after a seven-year lapse.
Whether the Court can grant relief when it is unaware of developments regarding the sanction of divisions during the pending period.
THE MANAGER, M.V.H.S.S. ARUMANOOR
THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA
THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM
STATE OF KERALA
Devan Ramachandrman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
