Disposed

Thengatt Ummer Hajee v. State of Kerala

Kerala HC30 Nov 2022WP(C)/5182/2016

Case brief

AI extract

What is this about?

Petitioner, a school manager, sought certification and direction to upgrade his aided school to Higher Secondary status. The Court dismissed substantive relief, directing the petitioner to file a fresh representation before the Government for reconsideration.

What did the court decide?

Direction to petitioner to file fresh representation; First Respondent to consider and decide within three months.

Thengatt Ummer Hajee Vs State of Kerala — Education and Admissions | Kerala HC (2022)

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WP(C) NO. 5182 OF 2016

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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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WEDNESDAY, THE 30^TH DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, 1944

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WP(C) NO. 5182 OF 2016

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PETITIONER/S:

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THENGATT UMMER HAJEE AGED 59 YEARS S/O.LATE MOHAMMED HAJEE, MANAGER, AIDED UPPER PRIMARY SCHOOL, CHELARI, VELIMUKKU, MALAPPURAM, PIN-676 31 .

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BY ADV SRI.T.M.ABDUL LATHEEF

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM-695001.

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2 SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

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3 THE DIRECTOR HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695001.

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4 THE DISTRICT EDUCATIONAL OFFICER THIRURANGADI, PIN-676306.

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5 THE ASSISTANT EDUCATIONAL OFFICER

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PARAPPANGADI, PIN-676303.

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6 MUNNIYOOR GRAMA PANCYAYATH REPRESENTED BY ITS SECRETARY, MUNNIYOOR-676303.

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SMT. MARY BEENA JOSEPH, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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30.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5182 OF 2016

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JUDGMENT

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The petitioner herein is the Manager of Aided Upper Primary School,

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Velimukku. He has approached this Court seeking the following reliefs:

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(i) To call for the records relating to Exts.P-1 to P-8 and to issue a writ of certiorari quashing Ext.P-6 order;

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(ii) To issue a writ of mandamus commanding the Respondents to sanction Standard 8 in the Petitioner's School for the academic year 2016- 2017 going by the judgment in W.P.(C) No.26122 of 2013 and also the provisions in the Right to Education Act and Rules;

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(iii) To issue any writ, order or direction commanding the Respondents to upgrade the Petitioner's School as a High School after conducting study about the local need immediately as provided in the judgment in W.A.No.1530 of 2014 and to call for application as provided under the Kerala Education Rules;

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In the counter affidavit filed by the 5th respondent, it is stated in

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paragraph No.5 that the facilities in the petitioner’s school is sufficient only to

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accommodate students up to VII standard. It is also stated that there is no

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WP(C) NO. 5182 OF 2016

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lab, laboratory or reading room for high school students.

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Sri. T.M. Abdul Lathif, the learned counsel, submits that the writ

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petition was filed on 9.2.2016, and thereafter, much upgradation has been

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carried out and the deficiencies have all been cleared. In that view of the

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matter, the reasons stated in the orders impugned in this writ petition do not survive. According to the learned counsel, in view of the subsequent turn of

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events, the petitioner shall approach the Government and shall file a fresh representation and his request is for issuance of directions to the 1st respondent to consider the same and take a decision as to whether the school

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can be upgraded.

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I have heard the learned Government Pleader, who submits that the

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petitioner can respond to the notification issued by the Government and if the

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same is done, their request can be considered and appropriate decision can be taken.

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Having regard to the facts and circumstances and the submissions

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WP(C) NO. 5182 OF 2016

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made across the bar, this writ petition is disposed of directing the petitioner to

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file a fresh representation before the 1st respondent seeking to sanction Standard VIII in the Aided Upper Primary School, Chelari. If any such representation is filed within a period of one month from today, the 1st

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respondent shall consider the same and take appropriate decision on its merits and in accordance with law, expeditiously, in any event, within three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with this judgment before the concerned respondent to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 5182 OF 2016 5

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APPENDIX OF WP(C) 5182/2016

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PETITIONER(S) EXHIBITS :

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EXT.P1. TRUE COPY OF THE POSSESSION CERTIFICATE NO.A3-5771/15 DATED 5/12/2015 ISSUED BY THE 6TH RESPONDENT EXT.P2. TRUE COPY OF THE PHOTOGRAPH EXT.P2(a). TRUE COPY OF THE PHOTOGRAPH EXT.P3. TRUE COPY OF THE JUDGMENT DATED 17/6/2014 PASSED BY THIS HONOURABLE COURT IN WPC NO.26122/2013. EXT.P4. TRUE COPY OF THE JUDGMENT DATED 10/11/2014 PASSED BY THIS HONOURABLE COURT IN WA NO.1530/2014. EXT.P5. TRUE COPY OF THE LETTER NO.B1/308/14 DATED 20/4/2015 ISSUED BY THE 4TH RESPONDENT EXT.P6. TRUE COPY OF THE G.O.(RT) NO.4800/15/G.EDN DATED 9/10/2015. EXT.P7. TRUE COPY OF THE JUDGMENT DATED 18/6/2015 PASSED BY THIS HONOURABLE COURT IN WPC NO.3060/2014 AND OTHER CONNECTED CASES EXT.P8. TRUE COPY OF THE G.O.NO.49249/F2/2000/ P.EDN DATED 13/1/2001.

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RESPONDENT(S) EXHIBITS : NIL

Thengatt Ummer Hajee v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thengatt Ummer Hajee v. State of Kerala

Case brief

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