Dismissed

Bss Educational Society v. State of Kerala

Kerala HC25 May 2022WP(C)/14550/2022

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging a Government Order granting recognition to a school. It observed that the order appeared to comply with a prior direction but lacked necessary particulars and copies of lower bench orders, leading to the dismissal with liberty to file a fresh petition.

What did the court decide?

Writ petition dismissed with liberty to file fresh petition with better particulars.

Bss Educational Society Vs State of Kerala — 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 AMIT RAWAL

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WEDNESDAY, THE 25TH DAY OF MAY 2022 / 4TH JYAISHTA, 1944

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WP(C) NO. 14550 OF 2022

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PETITIONERS:

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1 BSS EDUCATIONAL SOCIETY ALATHUR P.O., PALAKKAD DISTRICT – 678 541, REPRESENTED BY ITS PRESIDENT.

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2 THE PRINCIPAL, B.S.S.GURUKULAM HIGHER SECONDARY SCHOOL, ALATHUR, PALAKKAD DISTRICT – 678 541

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BY ADVS.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE(1109/2011)

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RESPONDENTS:

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1 STATE OF KERALA DEPARTMENT OF GENERAL EDUCATION (N), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

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2 DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THYCAUD, THIRUVANANTHAPURAM DISTRICT – 695 014

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3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, OFFICE AT MUNICIPAL COMPLEX, ROBINSON ROAD, OPPOSITE GOVERNMENT HOSPITAL, SANTHI NAGAR, PALAKKAD – 678 014.

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5 THE MANAGER, HOLY FAMILY CONVENT U.P.SCHOOL, ALATHUR, PALAKKD DISTRICT – 678 541

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BY ADVS.
JOSE ABRAHAM
E.ADITHYAN

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GP SRI JIMMY GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14550 OF 2022

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JUDGMENT

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Order Ext.P1 has been challenged on behalf of the petitioners

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on the ground that there has not been compliance of provisions of

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Chapter V Rule 2 of the Kerala Education Rules. Relevant portion of order Ext.P1 is produced herein below:

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In compliance with the Judgment and Order of the Hon'ble High Court of Kerala read as 1st and 2nd papers above, Government, vide Order read 4th paper above have issued guidelines for granting Recognition to un-recognized unaided schools in the State, following Kerala State syllabus. It was also decided to process applications received from the schools in compliance with the Judgment read 1st paper above.

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Holy Family Convent U P School, Alathur, Palakkad is following State Syllabus. The Director of General Education, Thiruvananthapuram, vide letter read 5th paper above forwarded the application for Recognition for classes from VIII to X. 3.

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Government have examined the matter with reference to the documents reports attached along with the application and are pleased to grant Recognition to Holy Family Convent U P School, Alathur, Palakkad for classes from VIII to X, subject to the condition mentioned in the Government Order read 4th paper above.

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WP(C) NO. 14550 OF 2022

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On going through the aforesaid order, it is evident that

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the order has been passed in purported compliance of the direction of the Division Bench of this Court in W.A.No.173/2019. No copy of the order, either of the Single Bench or Division Bench has been placed on record. There has been an attempt to withhold the aforementioned documents. Writ petition is bereft of the particulars.

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Writ petition is dismissed with liberty to file fresh with better particulars.

Sd/-

AMIT RAWAL JUDGE

nak

WP(C) NO. 14550 OF 2022

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APPENDIX OF WP(C) 14550/2022

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PETITIONER EXHIBITS

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Exhibit P1

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TRUE COPY OF THE GOVERNMENT ORDER BEARING
G.O.(MS)NO.47/2022/GEDN DATED 15.03.2022

Bss Educational Society v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bss Educational Society v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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