Petitioner challenged orders quashing his school management. Court adjourned hearing to furnish an opportunity of hearing before passing final orders on merits, setting aside interim notices.
Set aside Ext.P3 and P4; directed respondent to give hearing to petitioner and pass final order within two weeks.
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 P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944
WP(C) NO. 5228 OF 2023
PETITIONER:
DR. KUNHAHAMEDKUTTY AGED 83 YEARS S/O KUNJIMOIDENKUTTY HAJI FORMER MANAGER, AZHAR LOWER PRIMARY SCHOOL, PULPARA, WAYANAD, RESIDING AT ROSY APARTMENTS, 830, JAIL ROAD, KOZHIKODE, PIN - 673004 BY ADVS. N.ANAND RAJESH O.N.
RESPONDENTS:
1 THE STATE OF KERALA DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695001 REPRESENTED BY ITS SECRETARY 2 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KALPETTA, WAYANAD, PIN - 673122 3 THE ASSISTANT EDUCATIONAL OFFICER VYTHIRI, NEAR MARIYAMMAN KOVIL, KALPETTA, VYTHIRI TALUK, WAYANAD, PIN - 673121 BY ADV GOVERNMENT PLEADER SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 5228 OF 2023
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 5228 of 2023
Dated this the 23rd day of February, 2023
JUDGMENT
The above writ petition is filed with the following prayers:
“(i) Issue a Writ of Certiorari or any other appropriate Writ, Order or direction quashing Exts.P3 & P4 orders.
(ii) Issue a Writ of Mandamus or any other appropriate Writ, Order or direction; directing the respondents to hand back the management of Azhar Lower Primary School, Pulpara to the Petitioner forthwith.
(iii) Dispense with the production of English translated copies of documents in vernacular
(iv) Issue such other Writ, Order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.”[SIC]
2. Petitioner was appointed as the Manager
of ALP Primary School by Ext.P1. It is the case of the
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petitioner that the Government as per Ext.P3 order took over the management of the School from the petitioner without giving a notice to him. Based on Ext.P3, Ext.P4 show cause notice was issued by the Assistant Educational Officer, Kalpetta. Aggrieved by Exts.P3 and P4, this writ petition is filed.
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WP(C) NO. 5228 OF 2023
Municipality, the order was passed. That shows that Ext.P3 is an order passed without giving an opportunity of hearing to the petitioner by the Government. The Government Pleader submitted that there is no basic facilities in the School and the students will suffer, if this Court interfere with Exts.P3 and P4. There is some force in the argument of the Government Pleader. But, before passing an order like Ext.P4, it is the duty of the Government to give an opportunity of hearing to the petitioner also. Taking into consideration, the situation of the students and the parents of the students, I think there can be a direction to the petitioner to appear before the Government on a particular day and the Government can be directed to hear the petitioner and thereafter pass orders in accordance with law. I make it clear that I have not considered the matter on merit and the Government is free to pass
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appropriate orders in accordance with law. I am interfering with Ext.P3 only for the reason that, it is an order passed without giving an opportunity of hearing to the petitioner. All the contentions of the petitioner are left open.
Therefore, this writ petition is disposed of in the following manner:
i. Exts.P3 and P4 are set aside.
ii. The petitioner/his authorized
representative will appear before the 1st respondent’s office on 03.03.2023 at 11.A.M. The 1st respondent will intimate the petitioner about the place and the officer before whom he has to appear on that date in advance.
iii. The 1st respondent will give an opportunity of hearing to the petitioner/authorized representative on 03.03.2023 or any subsequent date fixed by the
WP(C) NO. 5228 OF 2023
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1st respondent. After giving an opportunity of hearing to the petitioner, the 1st respondent is free to pass appropriate orders. The 1st respondent will pass final order, within two weeks from the date on which the hearing is held.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
WP(C) NO. 5228 OF 2023
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APPENDIX OF WP(C) 5228/2023
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE ORDER DATED 16.12.2005 ISSUED BY RESPONDENT NO. 3 IN ORDER NO. D-3672/2005 EXHIBIT2 PHOTOGRAPHS OF THE AZHAR LOWER PRIMARY SCHOOL, PULPARA EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 06.01.2023 PASSED BY RESPONDENT NO. 1 IN GO(RT) NO. 164/2023/GDN EXHIBIT-P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 20.01.2023 ISSUED BY RESPONDENT NO. 2 IN NO. B2/265/2021 EXHIBIT-P5 TRUE COPY OF THE REPLY DATED 03.02.2023 ISSUED BY PETITIONER TO RESPONDENT NO. 2 EXHIBIT-P6 TRUE COPY OF THE POSTAL RECEIPT AND TRACK REGISTER OF EXT.P5 COMMUNICATION
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the orders taking over the petitioner's management were passed without applying mind to the requirement of giving a prior opportunity of hearing.
1 provisions across 1 enactments
Dr. Kunhahamedkutty
The State of Kerala Department of General Education
The Deputy Director of Education
The Assistant Educational Officer
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
