Disposed

The Principal v. State of Kerala

Kerala HC10 Jan 2023WP(C)/61/2023

Case brief

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What is this about?

The High Court granted a stay on the closure order of a school pending the Deputy Educational Officer's decision on a recognition application. The court directed the DEO to decide within three weeks and arrange accommodation for students if facilities are inadequate.

What did the court decide?

The Deputy Educational Officer directed to consider the application and take a decision within three weeks; closure proceedings kept in abeyance.

The Principal Vs State of Kerala — Education and Admissions | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 10^TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944

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WP(C) NO. 61 OF 2023

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PETITIONER:

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THE PRINCIPAL
BLOOMING BUDS JUNIOR SCHOOL,
KOODARANHI, KOZHIKODE, PIN - 673604
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695014

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3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, PIN - 673001

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4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,

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W.P.(C) No.61 of 2023 2

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THAMARASSERY, KOZHIKODE, PIN - 673573

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5 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MUKKAM, KOZHIKODE, PIN - 673602

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SMT NISHA BOSE, SR GOVERNMENT PLEADER

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.61 of 2023 3

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JUDGMENT

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The petitioner states that he is the Principal of the Blooming Buds Junior School, Koodaranhi. According to the petitioner, the school commenced in the year 2011. While so, a complaint was lodged by the Headmaster of St.Sebastian’s L.P School, Koodaranhi, before the Kerala State Commission for Protection of Child Rights alleging that the school run by the petitioner is an unrecognized school functioning in a rented building without any facilities and requested for the initiation of appropriate steps. The Child Rights Commission issued Ext.P3 order directing the Educational Authorities to look into the matter and initiate appropriate action.

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Challenging the above action, the petitioner approached this Court and filed W.P.(C) No.5090 of 2021. This Court taking note of the fact that an application for recognition filed by the petitioner was pending before the jurisdictional Educational Officer, directed the petitioner to file an application seeking recognition before the DEO, Thamarassery, within a period of ten days. Directions were also issued to the DEO to consider the same after following the procedure as envisaged under law.

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W.P.(C) No.61 of 2023 4

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It appears that the petitioner did not comply with the directions issued by this Court. Later by Ext.P4 order dated 21.12.2022, the AEO issued a notice dated 21.12.2022 ordering the closure of the school. Immediately thereafter, the petitioner filed Ext.P5 representation before the DEO in terms of the directions issued by this Court and thereafter has approached this Court with this writ petition seeking consideration of Ext.P5 and to keep the proceedings pursuant to Ext.P4 in abeyance.

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Sri.K.P.Satheesan, the learned senior counsel appearing for the petitioner, submitted that the failure to comply with the direction was not intentional. According to the learned senior counsel, the petitioner has now filed Ext.P5 request before the DEO concerned, seeking recognition and requests that necessary directions be issued to the DEO to consider the same and take a decision.

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The learned Government Pleader submits that it was without complying with the directions issued by this Court in Ext.P2 that the petitioner has now come up with this writ petition. It is submitted that after the judgment was rendered by this Court, an inspection was carried out by the AEO concerned, and it was found that the school was functioning in a rented building and the facilities were dismal. It is submitted that if the school is

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W.P.(C) No.61 of 2023 5

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allowed to function, it would be detrimental to the interests and rights of the students.

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In response, it is submitted by the learned counsel appearing for the petitioner that about 99 students are studying in the school, and if the school is closed down without considering the request submitted by the petitioner, it would have serious consequences.

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As the petitioner has filed an application which is stated to be pending and taking note of the relevant facts and circumstances, I am of the view that the DEO, Thamarasserry, can be directed to consider the application and take a decision within a period of three weeks. If the facilities are poor, the DEO shall initiate appropriate steps to ensure that the students studying in the school are accommodated in the nearby LP School. Until orders are passed on Ext.P5, proceedings pursuant to Ext.P4 shall be kept in abeyance.

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This writ petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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IAP

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W.P.(C) No.61 of 2023 6

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APPENDIX OF WP(C) 61/2023

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PETITIONER’S EXHIBITS:

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Exhibit-P1TRUE COPY OF THE INFORMATION OBTAINED
FROM THE 3RD RESPONDENT UNDER RIGHT TO
INFORMATION ACT DATED 5-7-2021
Exhibit-P2TRUE COPY OF THE JUDGMENT DATED 6-10-2021
IN W.P.(C)NO. 5090/2021
Exhibit-P3TRUE COPY OF THE ORDER PASSED BY THE
KERALA STATE COMMISSION FOR PROTECTION OF
CHILD RIGHTS IN C.R.M.P.NO.
3205/11/LA2/2019/KeSCPCR DATED 7-9-2020
Exhibit-P4TRUE COPY OF THE COMMUNICATION NO.
D/4113/2022 DATED 21-12-2022 ISSUED BY
THE 5TH RESPONDENT
Exhibit-P5TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER (WITHOUT ANNEXURES) DATED
27-12-2022
Exhibit-P6TRUE COPY OF THE RELEVANT PAGE OF THE
LOCAL DELIVERY BOOK OF THE OFFICE OF THE
4TH RESPONDENT DATED 27-12-2022
RESPONDENTS’
NIL
EXHIBITS:

The Principal v. State of Kerala

Case brief

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The Principal v. State of Kerala

Case brief

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