The Manager vs State Of Kerala
2021 Latest Caselaw 6262 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.909 OF 2015(K)


PETITIONER:

               THE MANAGER, AIDED U.P.SCHOOL, PALLIKKAL
               P.O PALLAM, THRISSUR, PIN 679 532


               BY ADV. SRI.C.D.DILEEP


RESPONDENTS:
      1.       STATE OF KERALA, REPRESENTED BY SECRETARY TO
               GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

      2.       THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI,
               THIRUVANANTHAPURAM, PIN 695 014.

      3.
               THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERI,
               THRISSUR DISTRICT, PIN 680 567

      4.       THE SECRETARY, VALLATHOL NAGAR GRAMA PANCHAYAT,
               VALLATHOL NAGAR, THRISSUR DISTRICT, PIN 680 681

               BY ADVS
               SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
               SRI.P.C.SASIDHARAN

               SR.GP-SRI.P.M.MANOJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 909/15
                                       2



                                  JUDGMENT

The petitioner, who is stated to be the

Manager of 'Aided U.P.School', Pallikkal, has

approached this Court seeking directions to

respondents 1 and 2 to upgrade the said School

as an Aided High School.

2. The petitioner says that even though

Ext.P3 application had been preferred for this

purpose as early as on 26.08.2013, same has

not been considered properly; and that he has,

therefore, preferred Ext.P10 representation

before the Government, seeking that same be

disposed of in favour of the School. He says

that, however, this representation is still

pending and thus prays that same be directed

to be taken up and disposed of by the

Government within a time frame to be fixed by

this Court.

3. In response to the afore submissions

made on behalf of the petitioner by his WPC 909/15

learned counsel - Sri.C.D.Dileep, the learned

Senior Government Pleader - Sri.P.M.Manoj,

submitted that the petitioner cannot seek any

right, as of now, for upgradation of the

school, because the matter is now pending

before the Honourable Supreme Court and also

because the extant policy of the Government

does not permit such upgradation. He, however,

submitted that if the petitioner only requires

Ext.P10 to be taken up and disposed of, there

is no legal impediment in doing so; but prayed

that this Court may not make any affirmative

declarations on the entitlement of the

petitioner to any relief and leave it to the

competent Authority to take an appropriate

decision thereon.

In the afore circumstances, I order this

writ petition and direct the competent

Secretary of the Government to take up Ext.P10

representation of the petitioner and dispose WPC 909/15

it of after affording him an opportunity of

being heard - either physically or through

video conferencing - thus culminating in an

appropriate order thereon as expeditiously as

is possible, but not later than three months

from the date of receipt of a copy of this

judgment.

Sd/-

                                       DEVAN RAMACHANDRAN
      RR                                      JUDGE
 WPC 909/15



                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        A TRUE COPY OF THE REPRESENTATION

DATED 17.8.2013 SUBMITTED BY THE PTA COMMITTEE TO THE EDUCATION MINISTER.

EXHIBIT P2 A TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 26.8.2013.

EXHIBIT P3 A TRUE COPY OF THE APPLICATION DATED 26.8.2013 FOR UPGRADATION OF THE SCHOOL.

EXHIBIT P4 A TRUE COPY OF THE PUBLICATION PUBLISHED BY GOVERNMENT IN NEWS PAPER.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 25.4.2014 OF HON'BLE HIGH COURT IN WP(C)24753/13.

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 10.9.2014 OF THE 1ST RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(P)98/12/G.EDN. DATED 28.3.2012.

EXHIBIT P8 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)227/2012/GE DATED 13.7.2012.

EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 23.2.2012 OF HON'BLE HIGH COURT WP(C) 32481/2004.

EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENTS DATED 4.10.2014.

EXHIBIT P11 A TRUE COPY OF THE RECOMMENDATION LETTER ISSUED BY THE MLA TO THE PETITIONER DATED 30.10.2014. WPC 909/15

EXHIBIT P12 A TRUE COPY OF THE LETTER NO.N.S.

(3)/68301/13/DPI DATED 24.4.2014 OF THE 2ND RESPONDENT.

EXHIBIT P13 A TRUE COPY OF THE REPORT OF THE PANCHAYAT DATED 3.7.2013 OF THE ASST. ENGINEER OF THE 5TH RESPONDENT.