Allowed

The Manager, v. the State of Kerala

Kerala HC13 Jan 2021WP(C)/28512/2020

Case brief

AI extract

What is this about?

Two writ petitions challenging Government Orders declining requests for additional higher secondary batches. Court held rejection was vitiated by lack of application of mind due to failure to consider state level committee reports on seat shortage. Petitions allowed with direction to reconsider.

What did the court decide?

Ext.P3 and Ext.P4 set aside; direction to Government to reconsider request for additional batches within three months considering state level committee reports.

The Manager, Vs the State of Kerala — Education and Admissions | 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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WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

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WP(C).No.28512 OF 2020(L)

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PETITIONER:

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THE MANAGER, MOONNIYOOR HSS, PARAKADAVU, MOONNIYOOR MALAPPURAM 676 311

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BY ADVS. SRI.T.T.MUHAMOOD SRI.A.RENJIT SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SRI.C.Y.VINOD KUMAR 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 695 001

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2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM 695 001

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3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, MALAPPURAM 676 505

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OTHER PRESENT:

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SR GP NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, ALONG WITH WP(C).26010/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.28512 & 26010 OF 2020

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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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WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

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WP(C).No.26010 OF 2020(A)

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PETITIONER:

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THE MANAGER,

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THARAKAN.H.S.S.,ANGADIPURAM,

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MALAPPURAM-679321.

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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 NAZEER HUZAIN H

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED 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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OTHER PRESENT:

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SR GP NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, ALONG WITH WP(C).28512/2020(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.28512 & 26010 OF 2020

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JUDGMENT

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These writ petitions are filed challenging the Government Order in so far as the request made by the aided school managements for sanctioning of additional batches of higher secondary courses have been declined. The learned counsel for the petitioners submits that the order declining to grant the additional batches has been passed without considering the educational head and is in violation of the earlier Government order on the subject. It is submitted that there is acute shortage of plus one seats and the regional level committee and the state level committee have submitted reports pointing out the said shortage in the area where the petitioners' school is situated. It is submitted that petitioners have all the infrastructural facilities required for sanctioning of the additional batches and that the request is rejected without considering any of the reports or the pertinent factual aspects.

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The learned Government Pleader submits that it is for the Government to take a policy decision as to the

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WP(C).Nos.28512 & 26010 OF 2020

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necessity for sanctioning of new batches. It is stated that the Government is also free to start additional batches in Government Schools to make up short fall, if any.

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In any view of the matter, I am of the opinion that it is for the Government to take an appropriate decision, taking note of the provisions of the Government Order dated 05.02.2016 as well. The reports of the regional level committee and the state level committee, which are forwarded to the Government, have also to be taken note of by the Government.

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In the above view of the matter, I am of the opinion that the rejection of the petitioners' request by Ext.P3 in W.P.(C) No.28512/2020 and Ext.P4 in W.P.(C) No.26010/2020 without considering the report of the state level committee is vitiated by want of application of mind. Ext.P3 and Ext.P4 are, therefore, set aside. There will be a direction to the Government to reconsider the request made by the petitioners for starting of additional batches in the higher secondary schools, taking note of the reports

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WP(C).Nos.28512 & 26010 OF 2020

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forwarded by the state level committee. Appropriate orders shall be passed after considering all relevant aspects of the

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matter, within a period of three months from the date of receipt of a copy of this judgment.

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These writ petitions are ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/13.01.2021

WP(C).Nos.28512 & 26010 OF 2020

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APPENDIX OF WP(C) 28512/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 20.5.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 9.7.2019 IN WP(C) NO.18095/2019 PASSED BY THE HON'BLE HIGH COURT OF KERALA.

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EXHIBIT P3 TRUE COPY OF GO (RT) NO.2200/202/G.EDN DATED 27.6.2020 EXHIBIT P4 TRUE COY OF GO (MS) NO.75/2016/G.EDN DATED 5.2.2016

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EXHIBIT P5 TRUE COPY OF PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 9.7.2020 SHOWING THE ACUTE SHORTAGE OF +1 SEAT IN MALAPPURAM DISTRICT

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EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF THE REPORT OF THE STATE LEVEL COMMITTEE WITH RESPECT TO THE ACADEMIC YEAR 202021

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WP(C).Nos.28512 & 26010 OF 2020

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APPENDIX OF WP(C) 26010/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 07.04.2020 SUBMITTED BEFORE THE PETITIONER BEFORE THE 1ST RESPONDENT .

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EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 18.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P4 TRUE COPY OF G.O(RT)NO.3064/2020/G.EDN DATED 12.11.2020.

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EXHIBIT P5 TRUE COPY OF GO(MS)NO.75/2016/G.EDN DATED 05.04.2016

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EXHIBIT P6 TRUE COPY OF PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 09.07.2020 SHOWING THE ACUTE SHORTAGE OF +1 SEATS IN MALAPPURAM DISTRICT (WITHOUT TYPED COPY)

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EXHIBIT P7 TRUE COPY OF LR.NO.ACD.C3/70085/2020/HSE DATED 25.08.2020.

The Manager, v. the State of Kerala

Case brief

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The Manager, v. the State of Kerala

Case brief

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