Kerala High Court
The Manager vs The State Of Kerala on 8 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
WP(C).No.28800 OF 2020(Y)
PETITIONER:
THE MANAGER,
DPM UPPER PRIMARY SCHOOL
PEZHUMPARA, VADASSERIKARA,
PATHANAMTHITTA DISTRICT 689 662.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE 11,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
PATHANAMTHITTA AT THIRUVALLA 689 101.
4 THE DISTRICT EDUCATIONAL OFFICER,
PATHANAMTHITTA 689 101.
5 THE ASSISTANT EDUCATIONAL OFFICER,
PATHANAMTHITTA 689 548.
SRI.T. RAJASEKHARAN NAIR, SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28800 OF 2020
2
JUDGMENT
Dated this the 8th day of March 2021
This writ petition is filed seeking the following reliefs :-
"i) declare that the Petitioner is regular Manager of the
School in term of Exhibit P-1.
ii) issue a writ of mandamus or other appropriate writ, order
or direction the commanding the 5th Respondent to grant
approval for change of management of Pezhumpara DPM UP
School, Pathanamthitta in favour of the Petitioner on regular
basis."
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 preferred statutory request for change of management
of the DPM Upper Primary School which is not been considered by the
respondents.
4. The learned Government Pleader submits that the petitioner had
been required to produce documents by Ext.P12 and that if
appropriate documents are produced by the petitioner, the
application preferred by the petitioner will be considered without
WP(C).No.28800 OF 2020
delay.
5. Having considered the contentions advanced, I am of the opinion
that since the petitioner has approached the respondents with an
application for change of management, the respondents are duty
bound to take a decision in the matter.
6. There will, accordingly, be a direction to the 5 th respondent to
take up Ext.P2 application preferred by the petitioner and to pass
orders thereon with regard to the change of management without
further delay, at any rate, within a period of three weeks from the
date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.28800 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BYE LAW OF THE SCHOOL.
EXHIBIT P1 A TRUE COPY OF THE COVERING LETTER F THE
DIRECTOR SHOWING THE APPROVAL VIDE NO. F3-
39644/2000/DPI DATED 05.08.2000.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR THE CHANGE
OF MANAGEMENT IN FAVOUR OF THE K.PADMAKUMAR
DATED 17.01.2018.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION OF THE
GENERAL SECRETARY OF THE SNDP YOGAM VIDE
NO. A43/1268/2019 DATED 31.10.2019.
EXHIBIT P4 TRUE COPY OF THE MINUTES HELD ON 01.11.2019
OF SNDP YOGAM, RANNI UNION.
EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR THE CHANGE
OF MANAGEMENT SUBMITTED BY THE PETITIONER
DATED NIL.
EXHIBIT P6 TRUE COPY OF THE LETTER ADDRESSED THE AEO
VIDE NO. RNY/L. NO. 102/2019 DATED
27.11.2019 BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE ORDER OF THE AEO VIDE NO.
B/5313/19 DATED 17.04.2020.
EXHIBIT P8 TRUE COPY OF THE LETTER OF THE AEO VIDE NO.
B/5313/2019 DATED 15.06.2020.
EXHIBIT P9 TRUE COPY OF THE LETTER OF THE AEO VIDE NO.
A/1858/2020 DATED 11.09.2020.
EXHIBIT P10 TRUE COPY OF THE LETTER OF THE AEO VIDE NO.
B/5313/2019 DATED 114.09.2020.
EXHIBIT P11 TRUE COPY OF THE LETTER ADDRESSING THE AEO
VIDE NO.RNY/L/ NO. 92/2020 DATED
14.10.2020.
EXHIBIT P12 TRUE COPY OF THE LETTER OF THE AEO
ADDRESSING THE PETITIONER VIDE NO.
B/5313/19 DATED 11.11.2020.
RESPONDENT'S/S EXHIBITS: NIL
