Court ordered parties to submit specific exhibits to the Addl. AEO, Kozhikode City for consideration regarding PTA election grievances without addressing the core jurisdictional dispute raised by counsel.
Direction to submit Exhibit P4 to AEO, Kozhikode City within one week for consideration and final orders within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 292 OF 2023
PETITIONER/S:
1 ABDUL NASEER K.PAGED 49 YEARS
NIJIA NIVAS, NEDMKUNNI,
THAZHAM KUTIYIL THAZHAM , POKKUNNU ,
MANKAVU P.O, KOZHIKODE, KERALA 673007
PARENT OF MUHAMMED YASIN K P, CLASS -6A, PIN - 673007
2 SHANAVAS CAGED 40 YEARS
S/O MAMMED KOYA C
THAIVALAPPU , PALLITHAZHAM ,
MANKAVU P.O , KOZHIKODE 673007
PARENT OF MUHAMMED ALOOF. C, CLASS-6A, PIN - 673007
3NOUSHAD
AGED 49 YEARS
S/O BUCHU P
FARSHANA MANZIL, MANDATH KARANTHUR,
KUNNAMANGALAM, KOZHIKODE-KERALA 673571
PARENT OF MUHAMMED SANAD P, CLASS-10C, PIN - 673571
BY ADVS.
BONNY BENNY
VISHNU NARAYANAN
ADHIL C.V.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001., PIN - 6950012 DIRECTOR GENERAL OF EDUCATIONDIRECTORATE OF GENERAL EDUCATIONHIGH SCHOOL WING, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001., PIN - 695001
3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DDE, MANANCHIRA ROAD, MANANCHIRA, KOZHIKODE - 673 601., PIN - 673601WP(C) NO. 292 OF 2023
2
4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE OFFICE OF THE DEO, PAVAMANI RD, TAZHEKKOD, KOZHIKODE, KERALA 673004, PIN - 6730045 THE PRINCIPAL, ZAMORINS HIGHER SECONDARY SCHOOL, CHALAPPURAM P.O., KOZHIKODE - 673 002., PIN - 6730026 THE MANAGER, ZAMORINS HIGHER SECONDARY SCHOOL, CHALAPPURAM P.O., KOZHIKODE - 673 002., PIN - 6730027 THE HEADMASTER, ZAMORINS HIGHER SECONDARY SCHOOL, CHALAPPURAM P.O., KOZHIKODE - 673 002., PIN - 6730028 PTA PRESIDENT, ZAMORINS HIGHER SECONDARY SCHOOL, CHALAPPURAM P.O., KOZHIKODE - 673 002., PIN - 6730029 * THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY, 8/282, CORPORATION OFFICE ROAD, MANANCHIRA, KOZHIKODE-673032.*ADDL. 9TH RESPONDENT IS SUOMOTU IMPLEADED AS PER
JUDGMENT DATED 06.01.2023 IN W.P(C).
SMT NISHA BOSE SR GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON06.01.2023,THECOURTONTHESAMEDAY
DELIVERED THE FOLLOWING:
WP(C) NO. 292 OF 2023
3
JUDGMENT
The petitioners claim that they are parents of certain students studying in the Zamorins Higher Secondary School, Chalappuram, an aided school governed by the provisions of the Kerala Education Act and Rules framed thereunder and managed by the 6th respondent. They have approached this Court seeking to set aside the election of the PTA Committee in respect of the 6th respondent School and also for a direction to respondents 3 and 4 to consider and pass orders on Exhibits P3 and P4 representations submitted by the 1st petitioner.
WP(C) NO. 292 OF 2023
4
circumstances, this writ petition is ordered by issuing the following directions:
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 292 OF 2023
5
APPENDIX OF WP(C) 292/2023
PETITIONER EXHIBITS
Exhibit P1 |
THE PHOTOSTAT COPYDGE/11055/2022-H D |
OF THE CIRCULAR NO.ATED 15.09.2022 |
|---|---|---|
Exhibit P2 |
THE PHOTOSTAT COPYRESPONDENT |
OF THE NOTICE BY THE 5TH |
Exhibit P3 |
THE PHOTOSTAT COPYSUBMITTED BY THE 13RD RESPONDENT DAT |
OF THE REPRESENTATIONST PETITIONER BEFORE THEED 07.12.2022 |
Exhibit P4 |
THE PHOTOSTAT COPYTHE 6TH RESPONDENTRESPONDENT BY THE07.12.2022 |
OF THE REPRESENTATION TOTHROUGH THE 7TH1ST PETITIONER DATED |
2 issues framed by the court
Whether the High School Wing is competent to elect a PTA or if such transactions must be done at the lower level.
Whether the representation submitted by the petitioner should be considered referring it to the Addl. AEO, Kozhikode City.
ABDUL NASEER K.P
SHANAVAS C
NOUSHAD
STATE OF KERALA
THE DEPUTY DIRECTOR OF EDUCATION
THE DISTRICT EDUCATIONAL OFFICER
RAJA VIJAYARAGHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court