The M M M Higher Secondary School vs The State Of Kerala
2021 Latest Caselaw 18371 Ker

WP(C) NO. 18123 OF 2021         1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                       WP(C) NO. 18123 OF 2021
PETITIONER:

          THE M M M HIGHER SECONDARY SCHOOL
          KUTTAYI, TIRUR, MALAPPURAM DISTRICT - 676 562
          REPRESENTED BY ITS MANAGER.

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATIONAL DEPARTMENT, SECRETARIAT ANNEXE-II,
          THIRUVANANTHAPURAM - 695 001.

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

    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION
          DOWN HILL, MALAPPURAM - 676 519.




          SRI BIJOY CHANDRAN, SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18123 OF 2021                 2

                                       JUDGMENT

The Manager of MMM Higher Secondary School, Kuttayi is before this

Court seeking the following reliefs:

i) issue a writ of mandamus or other appropriate writ, order or

direction commanding the Respondents to grant Plus-one course to

the Petitioner School in unaided Section.

ii) issue a writ of mandamus or other appropriate writ, order or

direction commanding the 2nd Respondent to consider and pass

appropriate orders upon Exhibit P-3 after affording an opportunity of

being heard to the Petitioner within a time limit.

2. I have heard Sri. M.Sajjad, the learned counsel appearing for the

petitioner and Sri. Bijoy Chandran, the learned Senior Government Pleader.

3. Sri. M. Sajjad, the learned counsel appearing for the petitioner,

submits that the limited prayer of the petitioner is for expeditious consideration

of Ext.P3 request with due notice to the petitioner.

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

in Ext.P3 representation there will be a direction to the 2nd

respondent to take up, consider and pass appropriate orders on

Ext.P3, as per procedure and in strict adherence to the provisions

of law, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or their authorised

representative.

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

event, within a period of two 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.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 18123/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE FITNESS CERTIFICATE DATED 12/07/2021.

Exhibit P2 TRUE COPY OF THE G.O.(MS) NO.320/2005/G.EDN. DATED 17/08/2005 OF THE GOVT. ALONG WITH RELEVANT PAGE OF THE LIST OF AIDED SCHOOL.

Exhibit P3 TRUE COPY OF THE REQUEST OF THE PETITIONER MADE BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER OF THE PTA PRESIDENT ADDRESSED TO THE MANAGER DATED 10/08/2021.

Exhibit P5 TRUE COPY OF THE LETTER OF THE PRESIDENT, MANGALAM GRAMA PANCHAYAT ADDRESSED TO THE SECRETARY TO GOVERNMENT DATED 26/08/2021.

RESPONDENTS' EXHIBITS:

NIL