The Manager vs The State Of Kerala
2021 Latest Caselaw 17867 Ker

WP(C) NO. 15727 OF 2021       1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                    WP(C) NO. 15727 OF 2021
PETITIONER/S:

          THE MANAGER,
          SABARI HIGHER SECONDARY SCHOOLS, PALLIKURUP P.O.,
          MANNARKKAD, PALAKKAD-678 582.

          BY ADVS.
          T.T.MUHAMOOD
          V.E.ABDUL GAFOOR
          A.MOHAMMED SAVAD
          T.R.VISHNU
          NAZEER HUZAIN.H


RESPONDENT/S:

    1     THE STATE OF KERALA
          REP. BY THE SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          (HIGHER SECONDARY WING), DIRECTORATE OF GENERAL
          EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM-695 001.

    3     THE REGIONAL DEPUTY DIRECTOR,
          HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
          MALAPPURAM-676 505.

          SRI BIJOY CHANDRAN, SR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15727 OF 2021                     2

                                         JUDGMENT

The above writ petition is filed seeking the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or

direction, directing 1st and 2nd respondent to sanction 2 additional higher

secondary batches (code 39 and code 01) to the petitioner's school.

ii) direct the respondents to call for applications from the educational

agencies in the district and sanction the higher secondary batch to the

petitioner's school.

iii) issue a writ of mandamus or any other appropriate writ, order or direction,

directing the 1st respondent to consider and pass orders on Ext.P1

representation within the time stipulated by this Hon'ble Court."

2. Sri. T.T.Muhamood, the learned counsel appearing for the

petitioner submits that though various reliefs are claimed, the limited request of

the petitioner is for expeditious consideration of Ext.P1 representation.

3. Heard the learned Government Pleader.

4. 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 by issuing the

following directions:

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

made by the petitioner in the representation, there will be a

direction to the 1st respondent to take up, consider and pass

appropriate orders on Ext.P1, as per procedure and in strict

adherence to the provisions of law. An opportunity of being

heard, either physically or virtually, shall be afforded to the

petitioner.

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 DSV

APPENDIX OF WP(C) 15727/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE COPY OF REPRESENTATION DATED 26.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P2 TRUE COPY GO (MS) NO 75/2016/G.EDN DATED 5.4.2016

Exhibit P3 TRUE COPY OF RELEVANT PAGES OF THE REPORT OF THE STATE LEVEL COMMITTEE.

RESPONDENT (S) EXHIBITS: NIL