Dismissed

Sri.a.M Arif , v. the Union of India

Kerala HC16 Mar 2022WP(C)/8772/2022

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a writ petition filed by a Member of Parliament seeking directions for the continuation and sector conversion of a Kendriya Vidyalaya. The Court held that the judgment delivered in another writ petition filed on the same day regarding identical facts was squarely applicable and disposed of the instant petition accordingly.

What did the court decide?

The writ petition was disposed of in terms of the judgment in W.P.(C) No.3347/2022 dated 16th March 2022.

Sri.a.M Arif , Vs the Union of India — 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 THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 16^TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943 WP(C) NO. 8772 OF 2022

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PETITIONER:

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SRI.A.M ARIF , AGED 57 YEARS S/O LATE ABDUL MAJEED, MEMBER OF PARLIAMENT, ALAPPUZHA LOK SABHA CONSTITUENCY, RESIDING AT ARUNYAM,THIRUVAMBADY P.O., ALAPPUZHA - 690105 BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH HARIKRISHNAN S.

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RESPONDENTS:

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1 THE UNION OF INDIA, MINISTRY OF EDUCATION, SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI REPRESENTED BY THE PRINCIPAL SECRETARY, PIN - 110001 2 THE NATIONAL THERMAL POWER CORPORATION LIMITED, HAVING ITS REGISTERED OFFICE AT NTPC BHAWAN, SCOPE COMPLEX, 7 INSTITUTIONAL AREA,LODHI ROAD, NEW DELHI REPRESENTED BY ITS MANAGING DIRECTOR. PIN - 110003 3 THE NATIONAL THERMAL POWER CORPORATION LIMITED, KAYAMKULAM, CHOOLATHERUVU P.O., ALAPPUZHA DISTRICT REPRESENTED BY ITS GENERAL MANAGER. PIN – 690506.

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W.P.(C).No.8772 of 2022

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4 THE KENDRIYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI REPRESENTED BY THE COMMISSIONER PIN - 110016

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5 THE DEPUTY COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE, IGH ROAD, KADAVANTHARA, NEAR RAJIV GANDHI INDOOR STADIUM, ERNAKULAM - 682020. PIN - 682020

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6 THE KENDRIYA VIDYALAYA, NATIONAL THERMAL POWER CORPORATION,CHEPPAD, KAYAMKULAM P.O, ALAPPUZHA DISTRICT REPRESENTED BY ITS PRINCIPAL PIN - 690507 7 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001 BY ADVS. SRI.K.I.MAYANKUTTY MATHER, SC, FOR R4 TO R6 MANU S., ASG OF INDIA FOR R1 SMT.MINI GOPINATH, CGC SRI.N.MANOJ KUMAR, STATE ATTORNEY FOR R1

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.8772 of 2022

JUDGMENT

S.MANIKUMAR,CJ.

Petitioner has sought for the following reliefs:

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(i) Issue a writ of mandamus or other writ, order or direction, directing the 1^st respondent to continue the functioning of the 6^th respondent Vidyalaya ensuring necessary funds for the same.

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(ii) Issue a writ of mandamus or other writ, order or direction, directing the 1^st respondent and 4^th respondent to consider the conversion of the 6^th respondent Vidhyala from Project Sector to Civil Sector.

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(iii) Call for the records leading to Exhibit P5 and quash the same by issue of a writ of certiorari or other writ, order or direction.

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(iv) Issue such other writ, order or direction as may be necessary in the interest of justice.

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Short facts leading to the filing of the writ petition are as follows;

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According to the petitioner, he is a member of Parliament, representing

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Alappuzha Parliament constituency since 2019. It is submitted by the petitioner that

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Kendriya Vidyalaya Sangathan, New Delhi represented by the Commissioner – the 4^th

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respondent, has been establishing Schools in Public Sector, which provides quality

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education especially to the wards of employees of the Union of India, Ministry of

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W.P.(C).No.8772 of 2022

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Education, New Delhi, represented by the Principal Secretary - 1^st respondent, Central and State Public Sector including defence establishments. Vidyalayas are established either in civil sector or in project sector.

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According to the petitioner, Kendriya Vidhyalaya, Alappuzha District, represented by its Principal - the 6^th respondent, was established under the Project Sector sponsored by the National Thermal Power Corporation Limited (NTPC), New Delhi, represented by its General Manager - 3^rd respondent in the year 1999. Thereafter, the 6^th respondent has been developed as a centre of excellence catering to the education needs of 730 students at present. The 3^rd respondent, without any consultation with anybody and without considering the ramification of its decision, decided to withdraw from the sponsorship of the 6^th respondent, which is illegal and arbitrary.

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According to the petitioner, he, as the Member of Parliament of Alappuzha Lok Saba Constituency, within which the 6^th respondent is functioning, has been making all efforts to keep the 6^th respondent functioning. The 1^st respondent, in consultation with Kendriya Vidyalaya Sangathan, New Delhi, represented by the Commissioner - 4^th respondent, could very well convert the 6^th respondent Vidyalaya from the project sector to the civil sector. Though the matter has been continuously

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W.P.(C).No.8772 of 2022

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raised before the 1^st respondent as well as in the Parliament, there is no assurance as to the continued functioning of the 6^th respondent. Hence this Writ Petition.

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Today on the very same facts and circumstances, with reference to the continuation of Kendriya Vidyalaya at Kayamkulam, we have passed detailed orders in W.P.(C) No.3347/2022, wherein while setting aside Exhibit P5 therein, we directed NTPC Limited and Kendriya Vidyalaya Sangathan- 3^rd & 4^th respondent herein, to take steps for admission for students in standard 1, forth with.

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On the facts and circumstances of the instant writ petition, the judgment made in W.P.(C) No.3347/2022 dated 16^th March, 2022 is squarely applicable to the case on hand. All findings, observations and directions made in the judgment in W.P.(C) No.3347/2022, is squarely applicable to the case on hand.

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Therefore, the instant writ petition is disposed of in terms of the above judgment.

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Sd/-

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S.MANIKUMAR CHIEF JUSTICE

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smv

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Sd/- SHAJI P.CHALY JUDGE

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W.P.(C).No.8772 of 2022

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APPENDIX OF WP(C) 8772/2022

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PETITIONER'S EXHI Exhibit P1	BITS TRUE COPY OF THE 4TH RESPO	OFFICE ORDER DATED 07-05-1999 OF NDENT
Exhibit P1(a)	TYPED COPY OF	EXHIBIT.P1
Exhibit p 2	TRUE COPY OF VIDYALAYA IN	NORMS FOR OPENING OF NEW PROJECT SECTOR
Exhibit p3	TRUE COPY OF OPENING OF A OF PUBLIC SEC HIGHER LEARNI	THE TERMS AND CONDITIONS FOR KENDRIYA VIDYALAYA IN THE CAMPUS TOR UNDERTAKING/INSTITUTIONS OF NG
Exhibit p4	TRUE COPY OF FOR OPENING O PROJECT SECTO	MODEL MEMORANDUM OF ASSOCIATION F A KENDRIYA VIDYALAYA UNDER R
Exhibit p 5	TRUE COPY OF 3RD RESPONDEN	LETTER DATED 01-12-2020 OF THE T
Exhibit p6	TRUE COPY OF THE PETITIONE EDUCATION OF	LETTER DATED 02-07-2020 ISSUED BY R ADDRESSED TO THE MINISTER OF THE 1ST RESPONDENT
Exhibit p7	TRUE COPY OF THE PETITIONE EDUCATION OF	LETTER DATED 05-12-2020 ISSUED BY R ADDRESSED TO THE MINISTER OF THE 1ST RESPONDENT
Exhibit p 8	TRUE COPY OF THE 1ST RESPO	LETTER DATED 26-02-2021 BEFORE NDENT
Exhibit p9	TRUE COPY OF 08-03-2021	MOTION UNDER RULE 377 DATED
Exhibit p10	TRUE COPY OF RESPONDENT DA	QUESTION AND REPLY BY THE 1ST TED 08-03-2021
Exhibit p11	TRUE COPY OF 2021	REPLY OF MINISTER DATED 19-07-
Exhibit p12	TRUE COPY OF THE PETITIONE EDUCATION OF	LETTER DATED 22-07-2021 ISSUED BY R BEFORE THE UNION MINISTER FOR THE 1ST RESPONDENT
Exhibit p13	TRUE COPY OF RESPONDENT	REPLY DATED 26-07-2021 OF THE 1ST
Exhibit p14	TRUE COPY OF	LETTER DATED 29-12-2021 ISSUED BY

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W.P.(C).No.8772 of 2022

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THE MINISTER OF EDUCATION OF THE 7TH RESPONDENT ADDRESSED BEFORE THE UNION MINISTER OF EDUCATION Exhibit p15 TRUE COPY OF REPLY DATED 29-11-2021 OF THE 1ST RESPONDENT Exhibit p16 TRUE COPY OF LETTER DATED 20-12-2021 SUBMITTED BY THE PETITIONER, REQUESTING FOR ALLOCATING BUDGETARY FUNDS FOR FUNCTIONING OF 6TH RESPONDENT AND SIMILARLY PLACED VIDYALAYAS Exhibit p17 TRUE COPY OF LETTER DATED 10-01-2022 OF THE PETITIONER Exhibit p18 TRUE COPY OF LETTER DATED 2-2-2022 ISSUED BY THE GOVERNMENT OF INDIA, REJECTING THE PROPOSAL

Sri.a.M Arif , v. the Union of India

Case brief

What is this about?

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Sri.a.M Arif , v. the Union of India

Case brief

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