Neelakeshi Vidya Peedom vs State Of Kerala
2021 Latest Caselaw 203 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.28107 OF 2020(K)


PETITIONER:

               NEELAKESHI VIDYA PEEDOM
               REPRESENTED BY ITS MANAGER, KUNNATHUKKAL VILLAGE,
               NEYYATTINKARA, THIRUVANANTHAPURAM - 695 504.

               BY ADVS.
               SRI.V.G.ARUN (K/795/2004)
               SMT.V.JAYA RAGI
               SRI.R.HARIKRISHNAN (KAMBISSERIL)
               SRI.NEERAJ NARAYAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL
               EDUCATION, ROOM NO.302, 3RD FLOOR, ANNEX II,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695 001.

      2        DIRECTOR OF GENERAL EDUCATION
               OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHI,
               THIRUVANANTHAPURAM - 695 014.

      3        DEPUTY DIRECTOR OF EDUCATION
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOCHAR
               ROAD, PAZHAYASALAI, VALIYASALAI,
               THIRUVANANTHAPURAM - 695 036.

      4        THE DISTRICT EDUCATION OFFICER
               MINI CIVIL STATION, ALUMMODU, NEYYATTINKARA,
               THIRUVANANTHAPURAM - 695 121.

      5        ASSISTANT EDUCATIONAL OFFICER
               OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
               PARASSALA - 695 502.


               GP- SMT. NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28107 OF 2020(K)

                                              2




                                  JUDGMENT

Dated this the 5th day of January 2021

This writ petition is filed seeking the following reliefs:

"i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to consider and pass orders in Ext.P6 representation within a time frame as stipulated by this Court.

ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4 th respondent to gave recognition to the petitioner."

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 application submitted by the petitioner for recognition of the

School had been recommended by Ext.P5 after a visit by the

Assistant Educational Officer. It is submitted that thereafter, the

application was returned citing certain defects. The application was

re-submitted by Ext.P6 before the District Education Officer, but the

same has not been forwarded to the DPI for further orders. WP(C).No.28107 OF 2020(K)

4. The learned Government Pleader submits that Ext.P6

application is now pending before the DEO and it will be verified and

forwarded, if the application is in order and the required documents

have been produced.

In the above view of the matter, there will be a direction to the

4th respondent to take up Ext.P6 application and to forward the same

to the 2nd respondent, if the application and the accompanying

documents are in order. This shall be done within a period of three

weeks from the date of receipt of a copy of this judgment. The 2 nd

respondent shall thereafter, take up the application and pass

appropriate orders within a period of two months from the date

when it is received by the 2nd respondent.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.28107 OF 2020(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION BEARING NO.F.27.1-3/2017/NIOS/SSS/OBEACCR./109 AAC/1995 DATED 30/08/2017 ISSUED BY THE JOINT DIRECTOR NIOS TO THE COORDINATOR OF THE PETITIONER SCHOOL.

EXHIBIT P2 A TRUE COPY OF A NOTICE BEARING NO.C/3216/17 DATED 03/01/2018 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 A TRUE COPY OF THE REPLAY LETTER BEARING NO.KVPS NO.78/2018 DATED 22/01/2018.

EXHIBIT P4 A TRUE COPY OF THE ORDER BEARING NO.G.O.

(MS) NO.45/2019/GEDN DATED 22/05/2019.

EXHIBIT P5 A TRUE COPY OF THE VISIT REPORT ALONG WITH THE COVERING LETTER DATED 17/07/2019 FILED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 22/10/2020 FILED BY THE MANAGER OF PETITIONER BEFORE THE 4TH RESPONDENT.