Disposed

Neelakeshi Vidya Peedom v. State of Kerala

Kerala HC5 Jan 2021WP(C)/28107/2020

Case brief

AI extract

What is this about?

In this writ petition regarding recognition of a school in Kerala, the court directed the District Education Officer to forward the petitioner's application to the Director of General Education if documents are in order, ensuring action within a specified timeframe.

What did the court decide?

Direction to the 4th respondent to verify and forward the application to the 2nd respondent within three weeks, ensuring appropriate orders are passed within two months.

Neelakeshi Vidya Peedom Vs State of Kerala — Kerala HC (2021) — LawSathi Research

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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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TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

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WP(C).No.28107 OF 2020(K)

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PETITIONER:

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NEELAKESHI VIDYA PEEDOM REPRESENTED BY ITS MANAGER, KUNNATHUKKAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 504.

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BY ADVS. SRI.V.G.ARUN (K/795/2004) SMT.V.JAYA RAGI SRI.R.HARIKRISHNAN (KAMBISSERIL) SRI.NEERAJ NARAYAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, ROOM NO.302, 3RD FLOOR, ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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

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3 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOCHAR ROAD, PAZHAYASALAI, VALIYASALAI, THIRUVANANTHAPURAM - 695 036.

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4 THE DISTRICT EDUCATION OFFICER MINI CIVIL STATION, ALUMMODU, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.

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5 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PARASSALA - 695 502.

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GP- SMT. NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28107 OF 2020(K)

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JUDGMENT

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Dated this the 5th day of January 2021

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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 direction, directing the 4^th respondent to consider and pass orders in Ext.P6 representation within a time frame as stipulated by this Court.

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ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4^th respondent to gave recognition to the petitioner.”

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

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It is submitted by the learned counsel for the petitioner that the application submitted by the petitioner for recognition of the School had been recommended by Ext.P5 after a visit by the Assistant Educational Officer. It is submitted that thereafter, the application was returned citing certain defects. The application was re-submitted by Ext.P6 before the District Education Officer, but the same has not been forwarded to the DPI for further orders.

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WP(C).No.28107 OF 2020(K)

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The learned Government Pleader submits that Ext.P6 application is now pending before the DEO and it will be verified and forwarded, if the application is in order and the required documents have been produced.

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In the above view of the matter, there will be a direction to the 4^th respondent to take up Ext.P6 application and to forward the same to the 2^nd respondent, if the application and the accompanying documents are in order. This shall be done within a period of three

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weeks from the date of receipt of a copy of this judgment. The 2^nd respondent shall thereafter, take up the application and pass appropriate orders within a period of two months from the date when it is received by the 2^nd respondent.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.28107 OF 2020(K)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION BEARING NO.F.27.1-3/2017/NIOS/SSS/OBEACCR./109 AAC/1995 DATED 30/08/2017 ISSUED BY THE JOINT DIRECTOR NIOS TO THE COORDINATOR OF THE PETITIONER SCHOOL. EXHIBIT P2 A TRUE COPY OF A NOTICE BEARING NO.C/3216/17 DATED 03/01/2018 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P3 A TRUE COPY OF THE REPLAY LETTER BEARING NO.KVPS NO.78/2018 DATED 22/01/2018. EXHIBIT P4 A TRUE COPY OF THE ORDER BEARING NO.G.O. (MS) NO.45/2019/GEDN DATED 22/05/2019. EXHIBIT P5 A TRUE COPY OF THE VISIT REPORT ALONG WITH THE COVERING LETTER DATED 17/07/2019 FILED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 22/10/2020 FILED BY THE MANAGER OF PETITIONER BEFORE THE 4TH RESPONDENT.

Neelakeshi Vidya Peedom v. State of Kerala

Case brief

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Neelakeshi Vidya Peedom v. State of Kerala

Case brief

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