Dr.K.G.Mohan vs State Of Kerala
2021 Latest Caselaw 5739 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.2283 OF 2021(I)


PETITIONER:

               DR.K.G.MOHAN
               AGED 60 YEARS
               S/O. GOVINDAN, PRINCIPAL, ST. PAULS CHURCH OF SOUTH
               INDIA WOMEN'S, WELFARE CENTRAL SCHOOL (ST. PAUL'S
               CSIWF CENTRAL SCHOOL) UCHAKADA VENGANOOR P.O.
               THIRUVANANTHAPURAM 695 523.

               BY ADVS.
               SRI.G.SUDHEER
               SRI.R.HARIKRISHNAN (H-308)

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION (H) DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM 695 001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
               THIRUVANANTHAPURAM 695 014.

      3        HE DISTRICT EDUCATIONAL OFFICER,
               NEYYATTINKARA EDUCATIONAL DISTRICT, NEYYATTINKARA 695
               124.


OTHER PRESENT:

               NISHA BOSE SENIOR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2283 OF 2021(I)

                                    2

                              JUDGMENT

Dated this the 17th day of February 2021

This writ petition is filed seeking the following prayer:-

"i) Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to consider Ext.P2 application on merits, considering that Ext.P2 was submitted well within time and pass orders within a time limit as prescribed by this Honourable Court.

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 had submitted Ext.P2

application for recognition with regard to the petitioner's

school. It is submitted that though the application had been

submitted as early as on 12.08.2020, there was a delay on

forwarding the application and that it was not received by

the DGE before the cut off date of 13.10.2020. It is submitted

that the request was therefore rejected by the DGE and has

been returned to the petitioner.

4. The learned counsel for the petitioner submits that WP(C).No.2283 OF 2021(I)

the application was submitted well within time by the

petitioner and that the delay which occurred in forwarding

the same should not result in an non consideration of the

petitioner's application.

5. The learned Government Pleader submits, on

instructions, that the application was received by the DEO on

12.08.2020. However, due to the pandemic situation, the

inspection could be conducted only on 23.10.2020 and the

application was forwarded along with a report of the

inspection to the DGE on 01.12.2020. It is submitted that the

DGE had returned the application since it was submitted out

of time before the DGE and the application had been

returned to the petitioner.

6. Having considered the contentions advanced, I am

of the opinion that the rejection of the petitioner's

application which is admittedly submitted on 12.08.2020

before the DEO on the ground that it was received by the

DGE only on 01.12.2020 cannot be sustained. Since the

petitioner has admittedly submitted the application in time WP(C).No.2283 OF 2021(I)

before the DEO and the delay occurred in the office of the

DEO due to the pandemic situation, the application is liable

to be considered by the DGE.

6. There will, accordingly, be a direction that in case

the petitioner resubmits the application before the DEO, the

same shall immediately forwarded to the DGE with the report

of the inspection conducted on 23.10.2020. The DGE shall

consider the application and forward the same to the

Government without further delay. The receipt of the

application beyond the cut off date of 13.10.2020 shall not

stand in the way of the consideration of the petitioner's

application on merits. Orders shall be passed within a period

of two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/17.02.2021 WP(C).No.2283 OF 2021(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF G.O. (MS) NO.

39/2020/G.EDN. DATED 13.2.2020 ISSUED BY THE GENERAL EDUCATION (N) DEPARTMENT.

EXHIBIT P2 TRUE COPY OF THE APPLICATION UNDER RULE 14 SUB RULE (10 & (14) OF KER SUBMITTED BY THE MANAGEMENT.

EXHIBIT P2 (A) TRUE COPY OF THE COVERING LETTER TO EXT.

P2 SUBMITTED THROUGH 3RD RESPONDENT BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE CHELLAN FORM DATED 13.8.2020 ISSUED FROM SUB TREASURY, VIZHINJAM DATED 13.8.2020.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.SKD(B)101/194/20 DATED 12.8.2020 SUBMITTED BY THE MANAGER TO THE DISTRICT EDUCATIONAL OFFICER.

EXHIBIT P5 TRUE COPY OF THE NOTE ENTERED BY THE 3RD RESPONDENTS VISITORS DIARY REGARDING HIS INSPECTION.

EXHIBIT P6 TRUE COPY OF THE ORDER NO. NS(1) 213134/2020/DGE DATED 24.12.2020 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION TO THE DISTRICT EDUCATION OFFICER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION WITH NO.

SP.GI/1/21 DATED 13.1.2021 SENT BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 5.4.2019 IN WPC NO. 10878/2019 OF THIS HONOURBLE COURT.