Disposed

Geetha.K.S v. Sree Narayana Samskarika Samithy Represented by the Secretary

Kerala HC8 Dec 2022WP(C)/20715/2022

Case brief

AI extract

What is this about?

Writ petition filed seeking direction to CBSE and its Regional Director to ensure strict compliance with superannuation rules and consider petitioner's representation. Court recorded submissions and closed the matter.

What did the court decide?

Motion closed on record; no direction issued forthwith as Court recorded submission that Schools must comply with guidelines.

Geetha.K.S Vs Sree Narayana Samskarika Samithy… — Education and Admissions | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 8 TH DAY OF DECEMBER 2022 / 17TH AGRAHAYANA, 1944
 WP(C) NO. 20715 OF 2022

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 PETITIONER/S:

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 GEETHA.K.S
 AGED 56 YEARS
 W/O. MURALEEDHARAN, CHANGEPANAYIL,
 KANNAMKODU, ADOOR.P.O,
 PATHANAMTHITTA DISTRICT., PIN - 691523

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 BY ADV NOBEL RAJU

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 RESPONDENT/S:

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 1 SREE NARAYANA SAMSKARIKA SAMITHY
 REPRESENTED BY THE SECRETARY
 KARTHIKAPPALLY TALUK UNIT,
 KAYAMKULAM,
 ALAPPUZHA DISTRICT, PIN - 690502

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2 THE MANAGER, SREE NARAYANA CENTRAL SCHOOL KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690502

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3 THE PRINCIPAL SREE NARAYANA CENTRAL SCHOOL, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690502

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4 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY SHIKSHA KENDRA,2, COMMUNITY CENTRE, PREETH VIHAR, DELHI, PIN - 110092

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 5 THE REGIONAL DIRECTOR
 CENTRAL BOARD OF SECONDARY EDUCATION
 THE REGIONAL OFFICE, CTTC, ADMIN BLOCK
 BSNL RTTC CAMPUS, KAIMANAM,
 THIRUVANANTHAPURAM, PIN - 695040

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 BY ADVS.
 NIRMAL.S
 SRI.NIRMAL S., SC, CBSE

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 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
 ON 08.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
 FOLLOWING:

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 WP(C) NO. 20715 OF 2022

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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A) Issue a writ of mandamus or any other appropriate writ or order or direction to the 5th respondent to consider the Exhibit-P9 representation filed by the petitioner before the 5th respondent and to take immediate action in the representation filed by the petitioner.

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B) Issue a writ of mandamus or any other appropriate writ or order or direction to the 4th and 5th respondent to issue a direction to the 2nd respondent for the strict compliance of rules framed by the CBSE in matter of age of superannuation.

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When this matter had come up for consideration on 28.06.2022, this Court had issued the following order:

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“Notice to the respondents 1 to 3 is dispensed with for the time being.

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The learned standing counsel appearing for respondents 4 and 5 asserts that the writ petition cannot be maintained in the light of the law laid down by this Court in Bharatiya Vidya Bhavan v. Raju B [2020 SCC OnLine Ker 10779]. It is also submitted that pursuant to Ext.P8, the CBSE has come out with a by-law making it clear that the service rules of the teaching and non-teaching staff shall be in accordance with the service rules of the teaching and non-teaching staff of the appropriate Government.”

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This Court had also dispensed with the issuance of notice to

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respondents 1 to 3.

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 WP(C) NO. 20715 OF 2022

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The prayer sought for in this writ petition is for issuance of direction to respondents 4 and 5 to issue a direction to the 2nd respondent for strict compliance of the rules framed by the CBSE in the matter of age of

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superannuation.

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The learned Standing counsel appearing for the CBSE submits that in terms of the affiliation guidelines and bye-laws, all schools affiliated to the CBSE are expected to strictly comply with the guidelines and bye-laws, and any deviation is viewed strictly. It is submitted that if any deviation is

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brought to the notice of the 5th respondent, appropriate action will be taken.

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I record the submission and close this writ petition.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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avs

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 WP(C) NO. 20715 OF 2022

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PETITIONER EXHIBITS

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`Exhibit-P1`	`TRUE COPY OF SERVICE CERTIFICATE DATED 26.02.2022` `ISSUED TO THE PETITIONER FROM THE 3RD RESPONDENT`
`Exhibit-P2`	`TRUE COPY OF THE ORDER NO.C.S.25/2015 DATED` `22.09.2015 ISSUED TO THE PETITIONER BY THE 2ND` `RESPONDENT`
`Exhibit-P3`	`TRUE COPY OF THE APPOINTMENT ORDER SHOWING` `APPOINTMENT DATE AS 01.07.2019 ISSUED TO THE` `PETITIONER FROM THE 2ND RESPONDENT`
`Exhibit-P4`	`TRUE COPY OF THE CONCERNED PAGE OF SSLC BOOK` `SHOWING THE DATE OF BIRTH OF THE PETITIONER`
`Exhibit-P5`	`TRUE COPY OF THE CERTIFICATE BEARING REGISTER` `NO.19/90 DATED 04.07.1991 ISSUED TO THE PETITIONER` `FROM THE UNIVERSITY OF KERALA`
`Exhibit-P6`	`TRUE COPY OF THE CERTIFICATE BEARING REGISTER` `NO.2058 DATED 28.01.1993 ISSUED TO THE PETITIONER` `FROM THE UNIVERSITY OF KERALA`
`Exhibit-P7`	`TRUE COPY OF THE LETTER DATED 18.02.2022 ISSUED TO` `THE 3RD RESPONDENT AND PETITIONER FROM THE 2ND` `RESPONDENT`
`Exhibit-P8`	`TRUE COPY OF THE CIRCULAR` `NO.CBSE/AFF./CIRCULAR/5/2016 DATED 20.12.2016` `ISSUED BY THE 3RD RESPONDENT`
`Exhibit-P9`	`TRUE COPY OF THE REPRESENTATION DATED 21.03.2022` `FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT`

Geetha.K.S v. Sree Narayana Samskarika Samithy Represented by the Secretary

Case brief

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Geetha.K.S v. Sree Narayana Samskarika Samithy Represented by the Secretary

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