M.Sasidharan vs State Of Kerala
2021 Latest Caselaw 3074 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                       WP(C).No.9501 OF 2010(K)


PETITIONER:

      1        M.SASIDHARAN, MANAGER,
               NALLUR EAST AUP SCHOOL,
               P.O.PERUMUGHAM, KOZHIKODE - 673631.

      *2       AJIN M.SASI, NALLUR EAST A.U.P SCHOOL,
               PERUMUGHAM P.O., FEROKE,
               KOZHIKODE-673631.
               (WAS IMPLEADED AS THE 2ND PETITIONER AS PER ORDER
               DATED 07.07.2017 IN IA 9643/17)

               BY ADVS.
               SRI.KURIAN GEORGE KANNANTHANAM (SR.)
               SRI.JIJI THOMAS

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY ITS SECRETRY,
               DEPARTMENT OF GENERAL, EDUCATION,
               SECRETARIAT ANNEX,, THIRUVANANTHAPURAM.

      2        THE DIRECTOR OF PUBLIC INSTRUCTION
               THIRUVANANTHAPURAM.

      3        THE ASSISTANT EDUCATIONAL OFFICER
               FEROKE, KOZHIKODE DISTRICT.

      *4       PARENT TEACHERS ASSOCIATION
               NALLUR EAST A.U.P. SCHOOL, P.O.PERUMUGHAM,
               FEROKE, KOZHIKODE DISTRICT, REPRESENTED BY ITS
               PRESIDENT, SRI.ABDUL RAZAK, PARAKANDY HOUSE,
               P.O.PERUMUGHAM, FEROKE, KOZHIKODE.
               (IS IMPLEADED AS PER ORDER DATED 17.12.10 IN IA
               17211/10)

               BY ADVS.
               SRI.AVM.SALAHUDIN
               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 9501/10
                                        2



                                    JUDGMENT

This Writ Petition has been filed

impugning Ext.P5 order dated 22.12.2009 issued

by the Director of General Education (known as

Director of Public Instructions at that time),

refusing permission to the petitioner - who is

the Manager of the Nallur East AUP School,

Kozhikode - to close down the said School

saying that the 625 students studying there

cannot be re-accommodated anywhere else.

2. The petitioner asserts that as per the

provisions of the Kerala Education Rules (KER

for short) and in particular Section 7(6) of

Chapter V thereof, the Manager is only

required to give a notice showing his

intention to close the school in one year,

which is then incumbent upon the authorities

to accept. He says that the reasons in Ext.P5,

that his request cannot be considered because

the 625 students studying there cannot be WPC 9501/10

relocated, is not valid in law and therefore,

prays that the same be set aside.

3. Even though I have recorded the afore

submissions of the petitioner, it is obvious

that no further action can be now taken on the

claim made by the petitioner at this time,

since this matter has been pending before this

Court for the last more than 10 years. That

apart, Ext.P5 has been issued in the year

2009, when there were 625 students studying in

the school. What happened subsequently and

whether the Manager wants to close the school

even now are not matters that are disclosed

before this Court and obviously, therefore, I

cannot take a final decision on these aspects

at this distance of time.

4. That said, I do not think it will be

justified for this Court to consider the

petitioner's request for closure of the school

made in the year 2008-2009 at this time WPC 9501/10

without any further scrutiny, since the ground

realities and the factual circumstances may

have certainly been altered during the period

when this matter had been pending.

In the afore circumstances, I close this

Writ Petition without any further orders;

however, leaving liberty to the petitioner to

approach the competent Authority under the KER

for closure of the school, if he is so

desirous; in which event, the said application

will be considered by the said Authority in

terms of law dehors Ext.P5 or anything stated

therein.

Needless to say, I leave open all

contentions of the petitioner to be pursued in

future, if he is so desirous, in terms of the

liberty afore.

Sd/-

                                          DEVAN RAMACHANDRAN
       RR                                          JUDGE
 WPC 9501/10



                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        COPY OF THE APPOINTMENT ORDER DATED
                         17-07-1990

       EXHIBIT P2        COPY OF THE FINAL DECREE IN O.S NO.

113/1979 DATED 17-07-1990 ON THE FILE OF THE ADDITIONAL SUB-COURT, KOZHIKODE

EXHIBIT P3 COPY OF THE NOTICE DATED 01-05-2009

EXHIBIT P4 COPY OF THE SAID JUDGMENT IN WPC NO 29224/2009 DATED 22-12-2009

EXHIBIT P5 COPY OF THE REJECTION ORDER DATED 22-12-2009 BY THE DPI

EXHIBIT P6 LIST OF SCHOOLS WITH APPROXIMATE DISTANCE FROM THE PETITIONERS SCHOOL

EXHIBIT P7 COPY OF THE LETTER DT 20-02-2010 ISSUED BY THE PETITIONER.

EXHIBIT P8 COPY OF THE DEATH CERTIFICATE OF THE 7TH RESPONDENT DATED 4-09-2015

EXHIBIT P9 COPY OF THE SURVIVING FAMILY MEMBERSHIP CERTIFICATE

EXHIBIT P10 THE COPY OF THE AUTHORIZATION LETTER DATED 1-09-2015

EXHIBIT P11 THE COPY OF THE CORRESPONDENCE LETTER DATED 01-09-2015