The High Court of Kerala disposed of a writ petition filed in 2018 concerning the non-sanctioning of a school without entering the merits, allowing the petitioner to approach educational authorities based on changed circumstances.
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 EASWARAN S.
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
WP(C) NO. 9594 OF 2018
PETITIONER:
THE PRESIDENT
THALAYAD EDUCATIONAL AND CULTURAL SOCIETY,
THALAYAD, (VIA) UNNIKULAM, KOZHIKODE DISTRICT.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.2 THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695014.3 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE-673020.4 THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY, KOZHIKODE-673573.5 THE ASSISTANT EDUCATIONAL OFFICER BALUSSERY, KOZHIKODE DISTRICT-673612.BY ADV.
SRI.BIMAL K.NATH, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9594 OF 2018 -2-
JUDGMENT
The present writ petition is filed raising a grievance regarding non-sanctioning of a school in Padikkal Vayal. This writ petition is filed in the year 2018. This Court finds that it is not necessary to enter into the merits of the present writ petition at this point of time. Suffice to say that the petitioner will be at liberty to move the educational authorities to verify the present grievances based on the change in the circumstances. If the petitioner moves the educational authority, the same shall be considered untrammeled by any observations contained under Ext.P5 order, because the same pertains to the factual situation then exists.
Writ petition stands disposed of.
Sd/-
EASWARAN S.
JUDGE
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WP(C) NO. 9594 OF 2018 -3-
APPENDIX OF WP(C) 9594/2018
PETITIONER EXHIBITS
EXHIBIT P1- |
TRUE COPY OF THE CERTIFICATE OFREGISTRATIONS.NO.312/2000DATED19/04/2000. |
|---|---|
EXHIBIT P2- |
TRUE COPY OF THE DEED OF AGREEMENT DATED04/02/2006. |
EXHIBIT P3- |
TRUE COPY OF THE CERTIFICATE ISSUED BYTHE PANANGAD GRAMA PANCHAYAT DATED21/04/2017. |
EXHIBIT P4- |
TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.28400/2017-Y DATED 31/10/2017. |
EXHIBIT P5- |
TRUECOPYOFTHE |
G.O.(RT)NO.713/2018/G.EDN.DATED15/02/2018 OF THE GOVERNMENT. |
|
EXHIBIT P6- |
TRUE COPY OF THE SCHOOL MAPPING. |
EXHIBIT P7- |
TRUECOPYOFTHELETTERNO.G.EDN.F3/15/2016/G.EDN.DATED01/12/2016 OF THE GOVERNMENT. |
EXHIBIT P7(A)- |
TRUE COPY OF THE DRAFT NOTIFICATION. |
EXHIBIT P8- |
TRUE COPY OF THE LETTER NO.F/3440/16DATED 14/12/2016 OF THE 5TH RESPONDENT. |
EXHIBIT P8(A)- |
TRUE COPY OF THE PHYSICAL VERIFICATIONREPORT OF THE 5TH RESPONDENT. |
EXHIBIT P9- |
TRUE COPY OF THE COVERING LETTERNO.F/1587/2017 DATED 22/04/2017 OF THE5TH RESPONDENT. |
EXHIBIT P9(A)- |
TRUE COPY OF THE REPORT. |
1 issue framed by the court
Whether the writ petition regarding non-sanctioning of a school requires adjudication on merits.
The President Thalayad Educational and Cultural Society
The State of Kerala represented by its Secretary to Government
The Director of Public Instruction Jagathy
The Deputy Director of Education Kozhikode
The District Educational Officer Thamarassery
The Assistant Educational Officer Balussery
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court