The Manager vs The State Of Kerala
2021 Latest Caselaw 4104 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       WP(C).No.1773 OF 2021(V)


PETITIONER:

               THE MANAGER,
               P.P.T.M.Y.H.S.S. CHERUR
               VENGARA, MALAPPURAM-676304.

               BY ADVS.
               SRI.T.T.MUHAMOOD
               SRI.A.RENJIT
               SRI.V.E.ABDUL GAFOOR
               SRI.A.MOHAMMED SAVAD
               SHRI.T.R.VISHNU

RESPONDENTS:

      1        THE STATE OF KERALA
               REP. BY THE SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR GENERAL OF EDUCATION,
               (HIGHER SECONDARY WING), DIRECTORATE OF GENERAL
               EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR,
               THIRUVANANTHAPURAM-695001.

      3        THE REGIONAL DEPUTY DIRECTOR,
               HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
               MALAPPURAM-679324.

               SR GP, NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1773 OF 2021

                                         2




                                 JUDGMENT

Dated this the 4th day of February 2021

This writ petition is filed seeking the following prayers:

"(i) issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P4 Government order.

ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing 1st and 2nd respondent to sanction 5 additional higher secondary batches to the petitioner's school in commerce, humanities and science.

iii) direct the respondents to call for applications from the educational agencies in the district and sanction the higher secondary batch to the petitioner's school."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. The petitioner is the Manager of an aided higher secondary

school. Seeking sanction of additional higher secondary batches to the

petitioner's school, the petitioner has preferred Ext.P8 representation

before the Government, which is pending. The petitioner seeks a

consideration of the same in the light of Ext.P5 Government Order and

Ext.P7 report of the State Level Committee. WP(C).No.1773 OF 2021

4. Having heard the learned Government Pleader also, there will be

a direction to the 1st respondent to take up, consider and pass orders

on Ext.P8 representation submitted by the petitioner in the light of

Exts.P5 and P7 with notice to the petitioner as well as any other

affected parties. Appropriate orders shall be passed after hearing the

parties, through any appropriate means including video conferencing,

within a period of three months from the date of receipt of a copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.1773 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF CERTIFICATE ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS ON 27.3.2012.

EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 18.5.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 30.7.2019 IN WP(C) NO.19221/2019.

EXHIBIT P4 TRUE COPY OF GO(RT)NO.2350/2020/G.EDN.

DATED 24.7.2020.

EXHIBIT P5 TRUE COPY OF GO(MS) NO.75/2016/G.EDN.

DATED 5.2.2016.

EXHIBIT P6 TRUE COPY OF PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 9.7.2020 SHOWING THE ACUTE SHORTAGE OF +1 SEAT IN MALAPPURAM DISTRICT.(WITH TYPED COPY)

EXHIBIT P7 TRUE COPY OF RELEVANT PAGES OF THE REPORT OF THE STATE LEVEL COMMITTEE WITH RESPECT TO THE ACADEMIC YEAR 2020-21.

EXHIBIT P8 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 4.1.2021.

RESPONDENT'S/S EXHIBITS: NIL