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Shamila Farhath K v. the State of Kerala

Kerala HC11 Jan 2023WP(C)/812/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of the writ petition at the admission stage by directing the second respondent to consider the petitioner's representation for appointment as Manager of Aryalloor Devi Vilasam AUP School and pass appropriate orders within four weeks. Explanation sought.

What did the court decide?

Direction to the second respondent to consider the representation and pass appropriate orders within four weeks.

Shamila Farhath K Vs the State of Kerala — Education and Admissions | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 11THDAY OF JANUARY 2023 / 21ST POUSHA,1944

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WP(C) NO. 812 OF 2023

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PETITIONER/S:

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SHAMILA FARHATH K
AGED 27 YEARS
D/O. ALAVI HAJI KOYINAYIL,
KOYINAYIL HOUSE, VAZHAYOOR P.O.,
KOTTUPADAM,MALAPPURAM DISTRICT, PIN - 673633

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BY ADV K.RAKESH

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RESPONDENT/S:

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1THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, PALAYAM, TRIVANDRUM, PIN - 695001

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2THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
PARAPPANANGADI, MALAPPUARAM DISTRICT
, PIN - 676303

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SMT NISHA BOSE SR GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON11.01.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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WP(C) NO. 812 OF 2023

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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i) Issue a writ of mandamus or any other appropriate writs, orders or directions directing the 2nd respondent to consider and pass appropriate orders on Exhibit P2 as expeditiously as possible;

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ii) Declare that the 2nd respondent shall approve the appointment of the petitioner as Manager of Ariyalloor Devi Vilasam AUP School as the shareholders of the school by executing an agreement resolved to appoint the petitioner as the Manager.

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When this matter was taken up for consideration, Sri.K. Rakesh,

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the learned counsel appearing for the petitioner, submits that the petitioner has preferred Ext.P2 representation appending all the requisite documents, declarations, etc., before the 2nd respondent and requests that directions be issued to the 2nd respondent to consider the same and take a decision.

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I have heard the learned Government Pleader, who submits that there is no impediment in granting the said prayer.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:

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a) There will be a direction to the 2nd respondent to

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take up, consider and pass appropriate orders on

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WP(C) NO. 812 OF 2023

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Ext.P2, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within four weeks from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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avs

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WP(C) NO. 812 OF 2023

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APPENDIX OF WP(C) 812/2023

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE ORDER DATED 27-2-2020 PASSED
BY THE 2ND RESPONDENT
Exhibit P2A TRUE COPY OF THE REPRESENTATION DATED
15-10-2022 SUBMITTED BY THE PETITIONER SEEKING
APPROVAL BEFORE THE 2ND RESPONDENT ALONG WITH
SUPPORTED DOCUMENTS.

Shamila Farhath K v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shamila Farhath K v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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