V.N. Bhagavathy Kunjamma vs The District Educational Officer
2021 Latest Caselaw 23410 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                        WP(C) NO. 26621 OF 2021


PETITIONER/S:

          V.N. BHAGAVATHY KUNJAMMA,
          AGED 92 YEARS,
          W/O LATE K BHASKARAN KARTHA,
          NARAYANA MANDIRAM,
          KUTHIYATHODU P.O, CHERTHALA.
          ALAPPUZHA DISTRICT, MANAGER,
          ECEK UNION HIGH SCHOOL, KUTHIYATHODU,
           ALAPPUZHA DISTRICT.

          BY ADVS.
          V.M.KRISHNAKUMAR
          P.R.REENA
          MAYA M.
          P.S.SIDHARTHAN


RESPONDENTS :

    1     DISTRICT EDUCATIONAL OFFICER
          CHERTHALA, ALAPUZHA DISTRICT-688525.

    2     DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM, PIN-695014.




          SMT. NISHA BOSE, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26621 OF 2021                   2


                                  JUDGMENT

The petitioner states that she is the approved Manager of the ECEK

Union High School, Kuthiyathodu. Since the petitioner is aged 92 years and

as she is not in a position to discharge her duties, she has taken a decision

to entrust the managership with her son, Sri. Anil B. Kumar, in accordance

with the procedure prescribed in the Kerala Education Act and the Rules

framed thereunder. For the said purpose, Exts.P4 to P6 representations

were filed before the respondents. The grievance of the petitioner concerns

the inaction on the part of the 1st respondent in considering her request. It

is in the afore circumstances that the petitioner is before this Court seeking

directions to the 1st respondent to take up Ext.P4 and pass expeditious

orders.

2. I have heard Sri. V.M. Krishnakumar, the learned counsel appearing

for the petitioner and the learned Senior Government Pleader.

3. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) Without expressing any opinion on the merits of the assertions

made in the application there will be a direction to the 1st

respondent to take up, consider and pass appropriate orders on

Ext.P4, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her authorised

representative and other affected parties, if any.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned respondent

for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 26621/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF ORDER NO.B6/5759/2017 DATED 10.11.2017 OF THE DISTRICT EDUCATIONAL OFFICER.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 13.11.2017 IN WPC NO.14430/2016.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B6/3227/2019 DATED 03.09.2019 OF THE DISTRICT EDUCATIONAL OFFICER.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR CHANGE OF MANAGEMENT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.11.2021.

EXHIBIT P5 TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH EXT.P4.

EXHIBIT P6 TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL