Dismissed

State of Kerala v. the Manager

Kerala HC17 Jun 2022WA/291/2022

Case brief

AI extract

What is this about?

This judgment records the disposals of Writ Appeals 291 and 398 of 2022 arising from Single Judge orders directing the Government to grant additional batches in two aided schools. Following the precedent set in W.A. No. 274 of 2022, the appeals were disposed of by setting aside the impugned judgments and issuing the same directions to the Government.

What did the court decide?

Impugned judgments in W.P.(C) Nos. 9042 and 16697 of 2021 set aside; cases disposed of with directions to Government as per W.A. No. 274 of 2022.

State of Kerala Vs the Manager — Education and Admissions | Kerala HC (2022)

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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 P.B.SURESH KUMAR

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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FRIDAY, THE 17^TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944

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WA NO. 291 OF 2022

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AGAINST THE JUDGMENT IN WP(C) 9042/2021 DATED 24.01.2022 OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENTS IN W.P.(C):

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

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

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3 THE REGIONAL DEPUTY DIRCTOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, MALAPPURAM, PIN - 679324 BY ADV A.J.VARGHESE, SR.GOVERNMENT PLEADER

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RESPONDENT/PETITIONER IN W.P.(C):

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THE MANAGER, A. H. S. PAREL, MAMPATTUMOOLA, MANJAPETTI, KOORAD P.O., MALAPPURAM - 679339

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ADV.T.T.MUHAMOOD ADV.A.RENJITH ADV.A.MOHAMMED SAVAD ADV.NAZEER HUZAIN.H

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17.06.2022 ALONG WITH W.A.NO.398 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Writ Appeal Nos.291 & 398 of 2022

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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 P.B.SURESH KUMAR

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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FRIDAY, THE 17^TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944

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WA NO. 398 OF 2022

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AGAINST THE JUDGMENT IN WP(C) 16697/2021 DATED 24.01.2022 OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENTS IN W.P.(C):

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1 THE STATE OF KERAL REP. 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, PIN - 695001

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3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE , MALAPPURAM, PIN – 676505

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BY ADV A.J.VARGHESE, SR.GOVERNMENT PLEADER

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RESPONDENT/PETITIONER IN W.P.(C):

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THE MANAGER

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P.P.T.M.Y.H.S.S. CHERUR, VENGARA, MALAPPURAM, PIN - 676304

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Writ Appeal Nos.291 & 398 of 2022 3

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BY ADV T.T.MUHAMOOD

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17.06.2022 ALONG WITH W.A.NO.291 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Writ Appeal Nos.291 & 398 of 2022

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P.B.SURESH KUMAR & C.S.SUDHA, JJ.

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Writ Appeal Nos.291 and 398 of 2022

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Dated this the 17^th day of June, 2022

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JUDGMENT

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P.B.Suresh Kumar, J.

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Among these appeals, W.A.No.291 of 2022 arises from the judgment in W.P.(C) No.9042 of 2021 and W.A.No.398 of 2022 arises from the judgment in W.P.(C) No.16697 of 2021. The petitioners in the writ petitions were Managers of two aided Higher Secondary Schools in Malappuram District. The writ petitions were instituted challenging the orders passed by the Government declining the request of the petitioners for grant of additional batches of higher secondary courses in their respective schools. The learned Single Judge allowed the writ petitions and directed the Government to grant three additional

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Writ Appeal Nos.291 & 398 of 2022 5

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batches of higher secondary courses in the schools, of which the petitioners were Managers. The official respondents who are aggrieved by the said decision of the learned Single Judge have come up with these appeals challenging the decisions in the writ petitions.

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An identical writ petition filed by the Manager of another aided higher secondary school through the very same counsel as W.P.(C) No.16743 of 2021 was also allowed by the learned Single Judge on the very same lines. The decision in W.P.(C) No.16743 of 2021 was challenged by the official respondents in writ appeal No.274 of 2022, and in terms of the judgment rendered by us today, the said writ appeal was disposed of with a few directions to the Government, after setting aside the judgment impugned therein.

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In the light of the decision in W.A.No.274 of

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2022, we are of the view that these writ appeals can also be disposed of.

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Writ Appeal Nos.291 & 398 of 2022 6

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In the circumstances, the impugned judgments are set aside and the writ appeals are disposed of with the very same directions contained in the judgment in W.A.No.274 of 2022.

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Sd/P.B.SURESH KUMAR, JUDGE.

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Sd/C.S.SUDHA, JUDGE.

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YKB

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Writ Appeal Nos.291 & 398 of 2022

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APPENDIX OF WA.NO.398 OF 2022

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-1

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A TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.5852/2021/G.EDN DATED 13.12.2021 PRODUCED IN WP(C) NO.9042/2021

State of Kerala v. the Manager

Case brief

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State of Kerala v. the Manager

Case brief

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