C.Abdul Kareem vs State Of Kerala
2021 Latest Caselaw 20285 Ker

WP(C) NO. 19978 OF 2021             1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                        WP(C) NO. 19978 OF 2021
PETITIONER/S:

          C.ABDUL KAREEM,
          AGED 69 YEARS,
          S/O.MOIDEENKUTTY, C.K.HOUSE, KUTTIKKOL P.O.,
          TALIPARAMBA, KANNUR-670562.

          BY ADV MANAS P HAMEED



RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEX II,
          THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL EDUCATION
          (HIGHER SECONDARY WING),
          HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM-695001.

    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION,
          PAYYAMBALAM, PAYYAMBALAM P.O., KANNUR-670001.

    4     THE DEPUTY DIRECTOR OF EDUCATION,
          PUZHATHI HOUSING COLOY, KANNUR-670002.

    5     THE DISTRICT EDUCATIONAL OFFICER,
          TALIPARAMBA, KANNUR-670141.

    6     SUBAIR P.K.,
          S/O.A.P.MOIDEEN KUTTI, POOMANKALORAKATH KAPPILI,
          ANUGRAHA, GANDHI NAGAR, PUSHPAGIRI, TALIPARAMBA P.O.,
 WP(C) NO. 19978 OF 2021           2

          KANNUR-670141.

 *ADDL.R7 THE SEETHI SAHIB HIGHER SECONDARY SCHOOL,
          TALIPARAMBA, 670141, KANNUR DISTRICT, REPRESENTED BY
          ITS MANAGER, PETITIONER IN WP(C) NO.19290 OF 2021 ON
          THE FILES OF HONOURABLE HIGH COURT OF KERALA.

          (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 29/09/2021 IN
    *     IA.NO.1/2021 IN WP(C)19978/2021)




          SMT NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19978 OF 2021                          3

                                        JUDGMENT

This writ petition is filed seeking the following reliefs:

"i. Issue a writ of mandamus or any other appropriate writ, order or directing the

2nd respondent to grant an opportunity of being heard to the petitioner before

passing any order on the representation filed by the 7th respondent regarding

appropriation of management quota in Seethi Sahib Higher Secondary School,

Taliparamba, Kannur district.

ii. Issue a writ of mandamus or any other appropriate writ, order or directing the

2nd respondent to consider Exhibit-P5 representation submitted by the petitioner

and to pass appropriate orders expeditiously."

2. The petitioner contends that there is dispute with regard to the Management of

the Seethi Sahib Higher Secondary School, Taliparamba. Numerous litigations are pending

before various forums. While so, during the academic year 2021-22, the Government

after due enquiry, passed Ext.P3 order ordering that the management quota seats in those

Higher Secondary Schools, beset with management disputes and court cases, shall be

appropriated towards merit quota. The Seethi Sahib HSS was also included in Ext.P3.

Suppressing the management disputes, the 6th respondent approached this Court and had

filed W.P.(C)No.19290 of 2021 contending that he is the Manager of the School and that

there are no management disputes or court cases. The petitioner asserts that the

assertions made by the 6th respondent in the said writ petition are not true to facts. By

judgment dated 16.09.2021, this Court had directed the petitioner in W.P.(C)No.19290 of

2021 to approach the 2nd respondent and to file a representation and the 2nd respondent

was directed to hear the matter and dispose it of within a period of two weeks. The

petitioner contends that he also is entitled to be heard along with the 6th respondent. It

is on these contentions that this Writ Petition is filed.

3. I have heard the learned Government Pleader as well as the learned counsel

appearing for the additional 7th respondent.

4. The learned Government Pleader on instructions submitted that pursuant to

directions issued by this Court as per Exhibit-P4 judgment, the respondents have

scheduled the hearing on 04.10.2021. It is submitted that if so directed, the petitioner

herein can also be afforded an opportunity when the matter is considered by the DGE.

In that view of the matter, there will be a direction to the 2nd respondent to hear

the petitioner as well at the time of considering the representation filed by the additional

7th respondent pursuant to directions issued by this Court in W.P.(C).No.19290/2021.

This writ petition is disposed of.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE DSV/30.9.21

APPENDIX OF WP(C) 19978/2021

PETITIONER (S) EXHIBITS :

Exhibit P1 TRUE COPY OF JUDGMENT DATED 04.05.2018 IN C.R.P.NO.316 OF 2018 PASSED BY THIS HONOURABLE COURT.

Exhibit P2 TRUE COPY OF COMPLAINT DATED 25.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF ORDER NO.ITC CELL/1771/DGE-

HSE/2021 DATED 03.09.2021 PASSED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF JUDGMENT DATED 16.09.2021 IN W.P(C)NO.19290 OF 2021 PASSED BY THIS HONOURABLE COURT.

Exhibit P5 TRUE COPY OF REPRESENTATION DATED 17.09.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT (S) EXHIBITS : NIL