K.S.Ansari vs The State Of Kerala
2021 Latest Caselaw 11706 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.9082 OF 2021(I)


PETITIONER:

               K.S.ANSARI
               AGED 73 YEARS
               SON OF M.K.SAINUDEEN,
               MANAGER (NOT APPROVED), M.R.MUHAMMED KUNJU MEMORIAL
               MUSLIM HIGHER SECONDARY SCHOOL,
               EDAVA, THIRUVANANTHAPURAM-695311.
               RESIDING AT ANZALNA MANZIL, VADAKKEVILA P.O,
               KOLLAM DISTRICT-691010.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               THIRUVANANTHAPURAM-695014.

      3        THE DEPUTY DIRECTOR OF EDUCATION
               THIRUVANANTHAPURAM-695036.

      4        THE DISTRICT EDUCATIONAL OFFICER
               ATTINGAL,
               THIRUVANANTHAPURAM DISTRICT-695101.

      5        K.A.HAFSANA
               AL-SAFA, KUPPAVILAKOM, EDAVA P.O, THIRUVANANTHAPURAM-
               695311.



               SRI. T.RAJASEKHARAN NAIR-GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9082 OF 2021(I)                 2




                                  JUDGMENT

Dated this the 9th day of April 2021

This writ petition is filed seeking the following reliefs:

i) declare that the petitioner is entitled to get approval to function as the Manager of the school for an year since 01.03.2021 in line with Exhibit P1 by-law.

ii) Issue a writ of mandamus or other appropriate writ order or direction commanding the 4th respondent to take a decision on Exhibit P6 with notice to the petitioner and in a time bound manner in the light of Exhibit P1.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is entitled to be appointed as Manager of the

school in terms of Ext.P1 approved bye-law with effect from

01.03.2021. The claim of the 5th respondent for continuance as

Manager in excess of her term has been dismissed by Ext.P5. It is

therefore contended that the petitioner's application for approval

of change of management submitted as per Ext.P6 is liable to be

considered by the 4th respondent in accordance with law.

4. Having heard the learned Government Pleader also, I am of

the opinion that Ext.P6 application which is one preferred under

Rule 5, Chapter III KER, is liable to be considered and disposed of in

accordance with law.

There will, accordingly, be a direction to the 4th respondent to

take up, consider and pass orders on Ext.P6 within a period of one

month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE CONSTITUTION/BY-LAW.

EXHIBIT P2 TRUE COPY OF THE ORDER NO,B4/1033/2020/DEO/D.DIS DATED 16.06.2020 ISSUED BY THE DEO, ATTINGAL.

EXHIBIT P3 TRUE COPY OF THE LETTER NO.1/2021 DATED 01.03.2021 ADDRESSING THE HEADMASTER/PRINCIPAL BY THE PETITIONER.

   EXHIBIT P4              TRUE COPY OF THE LETTER
                           NO.B4/453/DEO/2021/L.DIS DATED
                           01.02.2021 ADDRESSING THE 5TH
                           RESPONDENT BY THE DEO, ATTINGAL.