M.J. Higher Secondary School vs State Of Kerala
2021 Latest Caselaw 19863 Ker

WP(C) NO. 19884 OF 2021           1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                        WP(C) NO. 19884 OF 2021
PETITIONER/S:

          M.J. HIGHER SECONDARY SCHOOL
          VILLIAPPALLY, VADAKARA, CALICUT, KERALA-673 542,
          REPRESENTED BY ITS MANAGER ABDUL AYEES.

          BY ADVS.
          JOSE ABRAHAM
          E.ADITHYAN



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT,
          THIRUVANANTHAPURAM-695 001.

    2     DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, DIRECTOR OF PUBLIC INSTRUCTIONS,
          HIGHER SECONDARY SECTION, HOUSING BOARD BUILDING,
          SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

    3     REGIONAL DEPUTY DIRECTOR,
          HIGHER SECONDARY EDUCATION, KOZHIKODE,
          KERALA-673 004, ERANHIPPALAM.




          SMT. NISHA BOSE, SR. GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19884 OF 2021                     2

                                       JUDGMENT

This writ petition is filed seeking the following reliefs:

"i. To issue a writ of mandamus or any other appropriate writ, order or direction or command the Respondents Nos.2 and 3 to process Exhibit-P2 application and pass appropriate orders on the same within a short time frame to be decided by this Hon'ble Court;

ii. To issue a writ of mandamus or any other appropriate writ, order or direction or command the respondents Nos.2 and 3 to allow the petitioner school to register the admission for 1 batch of science and 1 batch of commerce (100 students) for the academic year 2021- 2022;"

2. Sri.Adithyan, the learned counsel appearing for the petitioner

submitted that the only request of the petitioner is for expeditious

consideration and disposal of Exhibit-P2 application by the competent

among respondents 2 and 3.

3. I have heard Smt. Nisha Bose, the learned Senior 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 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

competent among respondents 2 and 3 to process Ext.P2

application, and take a decision, 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 one month 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) 19884/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE DETAILS OF GOVERNMENT ORDERS SANCTIONING RECOGNITION TO BATCHES TO PETITIONER SCHOOL.

EXHIBIT P2 APPLICATION FORWARDED BY THE PETITIONER SCHOOL MANAGER TO THE SECOND AND THIRD RESPONDENT DATED 28.7.2021.

EXHIBIT P3 TRUE COPY OF THE REPLY OF THE SECOND RESPONDENT TO EXHIBIT P2 APPLICATION.

RESPONDENT(S) EXHIBITS : NIL