Kerala High Court
The Manager vs State Of Kerala on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.17679 OF 2013(H)
PETITIONERS:
1 THE MANAGER, MOHAMED KUTTY HAJI MEMORIAL AIDED UPPER
PRIMARY SCHOOL, KILLINAKKODE, CHERUR (PO)
676 304, MALAPPURAM DISTRICT
2 ABDUL KAREEM PULLAT, AGED 52 YEARS
S/O.MOHAMMED KUTTY , PRESIDENT , PARENTS TEACHERS
ASSOCIATION MHM AIDED UPPER PRIMARY SCHOOL,
KILLINAKKODE, CHERUR (PO) 676 304, MALAPPURAM
DISTRICT
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.P.K.MOHAMED JAMEEL
RESPONDENTS:
1 STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIATE,THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER
TIRUR 676 101, MALAPPURAM DISTRICT
4 ASSISTANT EDUCATIONAL OFFICER, VENGARA, VENGARA (PO),
MALAPPURAM DISTRICT, 676 304.
ADDL. 5 U.K.ABDUL SAMMAD FAIZY, S/O.MUHAMMED MUSALIAR,
RESIDING AT KILINIKODE, CHERUR.P.O., VENGARA,
MALAPPURAM.
(Impleaded as per order dtd 01.08.2013 in
I.A.No.10282/2013)
SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
SRI.P.C.SASIDHARAN
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17679 OF 2013(H)
2
JUDGMENT
Dated this the 19th day of January 2021
The Manager of the Mohamed Kutty Haji Memorial
Aided Upper Primary School, Malappuram and the President
of its Parents Teachers Association have approached this
Court impugning Ext.P4, as per which, the Additional Director
of General Education has ordered that this school will
continue to impart education as per the Muslim syllabus and
calender and not the general calender.
2. The petitioners say that Ext.P4 is egregiously in error
because the District Educational Officer, Malappuram had
recommended the change of calender of the school to general
one from the academic year 2013-14 but that the Additional
DGE has rejected the same solely saying that the majority of
the parents are against such a proposal. The petitioners say
that the contents of Ext.P4 are totally untenable and contrary
to the provisions of the Kerala Education Act and Rules; and
therefore, pray that Ext.P4 be set aside.
3. I notice that this matter was admitted on 17.07.2013
and there has been an order of a stay of Ext.P4 from that
WP(C).No.17679 OF 2013(H)
date, which continues even today. It is conceded by the
learned counsel for the petitioners, Smt.Nisha George, that
this school has been following the general calender ever since
that date and that such position continues unchanged even
today.
4. When I examine Ext.P4, it is perspicuous that the
Additional DGE has rejected the recommendation of the DEO,
to change the calender of the school to general, solely
because the majority of the parents had objected to it at that
time. However, since more than eight years have now passed
and since the ground realties have been completely altered, I
do not think that Ext.P4 would require to be allowed to
operate any further, particularly because it has remained
stayed by this Court for the last more than seven years.
In the afore circumstances, I allow this writ petition and
set aside Ext.P4.
Sd/- DEVAN RAMACHANDRAN
stu JUDGE
WP(C).No.17679 OF 2013(H)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE RESOLUTION OF PARENTS
TEACHERS ASSOCIATION DATED 26/6/2013
EXHIBIT P2 PHOTOCOPY OF THE RESOLUTION OF THE STAFF
COUNCIL DATED 26/6/2013
EXHIBIT P3 PHOTOCOPY OF THE ORDER DATED 2/7/2013 ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P4 PHOTOCOPY OF THE ORDER DATED 11/7/2013
ISSUED BY THE 2ND RESPONDENT
