Allowed

The Manager, v. the State of Kerala

Kerala HC7 Sept 2021WP(C)/9421/2021

Case brief

AI extract

What is this about?

Petitioner sought mandamus for sanction of additional higher secondary batches. Court directed first respondent to consider and pass orders on the representation expeditiously within three months after affording an opportunity of being heard.

What did the court decide?

Directed 1st respondent to consider and pass orders on Ext.P4 within three months after affording opportunity of hearing to the petitioner.

The Manager, Vs the State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 9421 OF 2021

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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

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TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943

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WP(C) NO.9421 OF 2021

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PETITIONER:

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THE MANAGER, C.M.M.HSS, THALAKULATHUR P.O.,KOZHIKODE-673317.

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BY ADVS. T.T.MUHAMOOD SRI.A.MOHAMMED SAVAD SHRI.T.R.VISHNU SHRI.NAZEER HUZAIN.H

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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 GENERAL EDUCATION, (HIGHER SECONDARY WING), DIRECTORATE OF GENERAL EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

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3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE-673 004.

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SRI BIJOY CHANDRAN SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9421 OF 2021

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JUDGMENT

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The petitioner herein is the Manager of CMM Higher Secondary School, Thalakulathur. The petitioner states that Ext.P2 representation was submitted on 20.1.2020 before the 1st respondent seeking to sanction additional Higher Secondary batches in the aided category. The grievance of the petitioner is that no orders have been passed till date. It is in the afore circumstances that the petitioner is before this Court seeking the following reliefs:-

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i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st and 2nd respondent to sanction 2 additional higher secondary batches in humanities in the petitioner’s school in aided sector.

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ii) issue a writ or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass orders of Exhibit P2 representation submitted by the petitioner.

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Sri.T.R.Vishnu, the learned counsel appearing for the petitioner,

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submits that the limited request of the petitioner is an expeditious consideration of Ext.P4 representation.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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WP(C) NO. 9421 OF 2021

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a) Without expressing any opinion on the merits of the assertions made in the representation, there will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P4, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representatives.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C) NO. 9421 OF 2021 4

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APPENDIX OF WP(C) 9421/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF GO(MS) NO.50/19/G.EDN DATED 30.05.2019 EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 20.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF GO (MS) NO 75/2016/G.EDN DATED 5.4.2016 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 0107-2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENTS' EXHIBITS:

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NIL

The Manager, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager, v. the State of Kerala

Case brief

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What did the court decide?

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