C.H.Muhammed Koya Memorial ... vs State Of Kerala
2021 Latest Caselaw 19620 Ker

WP(C) No.19362/2021                         1/4

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
            Friday, the 17th day of September 2021 / 26th Bhadra, 1943
                              WP(C) NO. 19362 OF 2021
   PETITIONER:

          C.H.MUHAMMED KOYA MEMORIAL HIGHER SECONDARY SCHOOL, KAVUMPADY,
          THILLANKERI P.O., REPRESENTED BY ITS MANAGER, T.MAJEED, S/O. KUNHAMU
          HAJI, AGED 59 YEARS, BAITHUL FALAH, THILLANKERI P.O., IRITTY TALUK,
          KANNUR DISTRICT, PIN-670702.

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL
         EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
      2. THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,
         JAGATHI, THIRUVANANTHAPURAM-695014.
      3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, PAYYAMBALAM,
         KANNUR-670001.
      4. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY EDUCATIONAL DISTRICT,
         THALASSERY, KANNUR DISTRICT, PIN-670101.
      5. A.P.KUNHAMMED, S/O. MOIDEEN HAJI, AGED 74 YEARS, RESIDING AT
         CHIKKIAT HOUSE, KAVUMPADI, THILLANKERI P.O., IRITTY TALUK, KANNUR
         DISTRICT, PIN-670702.
      6. THE PRINCIPAL IN CHARGE, C.H.MUHAMMAD KOYA MEMORIAL HIGHER SECONDARY
         SCHOOL, KAVUMPADY, THILLANKERI P.O., IRITTY TALUK, KANNUR DISTRICT,
         PIN-670702.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay Exhibit P10 order dated 3-9-2021, bearing No.ICT
   Cell/1771/DGE_HSE/2021 issued by second respondent, in as much as it
   relates to the C.H.Muhammad Koya Memorial Higher Secondary School,
   Kavumpady, Thillankeri P.O., and direct the second respondent to provide
   the link in the admission portal to the petitioner for conducting
   admission of students to the Plus-one course in various subjects against
   the management quota seats in C.H.Muhammad Koya Memorial Higher Secondary
   School, Kavumpady, Thillankeri P.O., as scheduled in Exhibit P9, pending
   disposal of this Writ Petition


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.R.SURENDRAN & S.MAYUKHA, Advocates for the petitioner and of
   GOVERNMENT PLEADER for R1 to R4, the court passed the following:
 WP(C) No.19362/2021                          2/4




                                 RAJA VIJAYARAGHAVAN V, J.
                                ---------------------------------
                                 W.P.(C) No.19362 of 2021
                               ----------------------------------
                        Dated this the 17th day of September, 2021


                                              ORDER

The learned Government Pleader takes notice for respondents 1 to 4.

Issue notice by special messenger to respondents 5 and 6. The petitioner shall

also serve a copy of the writ petition to Sri. M.Sasindran, the learned counsel

who appeared for the 5th respondent in W.P.(C) No.16500/2021.

2. Sri.R.Surendran, the learned counsel appearing for the petitioner

would refer to Ext.P6 and it is pointed out that by the aforesaid order, the 2nd

respondent had approved the appointment of the petitioner as Manager of the

school for the period from 10.7.2019 to 21.10.2020. It is pointed out that the

said order was challenged by the 5th respondent and the same is pending.

Relying on the directions issued by this Court in Ext.P7 judgment, it is urged

that the 4th respondent was directed to take a decision on the application for

approval of the petitioner as Manager within a time frame of two months.

Reliance is also placed on Ext.P11 order dated 19.10.2020 and it is contended

that during the previous year the same issue as has been raised in this writ

petition had cropped up, and this Court had directed the 2nd respondent to

open the link for facilitating the admission of students in the management WP(C) No.19362/2021 3/4 W.P.(C) No.19362 of 2021

quota. According to the learned counsel, in view of the above, the respondents

could not have appropriated the management quota seats and converted the

same to merit seats as has been done on the strength of Ext.P10.

Having considered the submissions advanced by the learned counsel

appearing for the petitioner, prima facie, it appears that the petitioner has

made out a good case on merits. Ext.P10 in so far as it concerns the petitioner

school will remain stayed for a period of one week.

Post on 20.9.2021.

Hand over.

Sd/-

                                                             RAJA VIJAYARAGHAVAN V,
                                                                      JUDGE

        Sru




17-09-2021                           /True Copy/                            Assistant Registrar
 WP(C) No.19362/2021                 4/4

                       APPENDIX OF WP(C) 19362/2021
Exhibit P6            TRUE COPY OF THE ORDER NO.E.M.4/9002/2020/DGE/K.DIS.

DATED 27.11.2020 ISSUED BY THE SECOND RESPONDENT. Exhibit P7 TRUE COPY OF THE JUDGEMENT DATED 9.4.2021 IN WP(C) NO.8479 OF 2021 OF HIGH COURT OF KERALA.

Exhibit P9 TRUE COPY OF THE CIRCULAR NO.ICT CELL/1771/2/DGE_HSS/2021 DATED 2.9.2021 ISSUED BY THE SECOND RESPONDENT.

Exhibit P10 TRUE COPY OF THE ORDER DATED 3.9.2021, BEARING NO.ICT CELL/ 1771/DGE_HSE/2021 ISSUED BY SECOND RESPONDENT. Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 19.10.2020 IN WP(C) NO.17729 OF 2020 OF HIGH COURT OF KERALA.