Kerala High Court
A.Abdul Rasheed vs State Of Kerala on 10 August, 2022
WP(C) No.3184/2020 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
WP(C) NO. 3184 OF 2020
PETITIONER:
A.ABDUL RASHEED, AGED 59 YEARS, MANAGING TRUSTEE, BADARIYA
EDUCATIONAL TRUST AND MANAGER, BADHARIYA U.P. SCHOOL, VELICHIKKALA,
KOLLAM
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, THIRUVANANTHAPURAM PIN - 695 001
2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM PIN - 695 001
(NOW DIRECTOR GENERAL EDUCATION), JAGATHY, THIRUVANANTHAPURAM-695014
3. DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN - 691 009
4. DISTRICT EDUCATIONAL OFFICER, KOLLAM, PIN - 6910113
5. ASSISTANT EDUCATIONAL OFFICER, KUNDARA, PIN - 691 572 KOLLAM
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 direct the 1st respondent to produce the records relied on by
him to arriving at the conclusion that there is no educational need in the
locality where the school of the petitioner is situated pending disposal
of this case.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's orders dated
30.09.2021 & 30.03.2022 and upon hearing the arguments of M/S R.KRISHNA
RAJ, E.S.SONI, KUMARI SANGEETHA S.NAIR Advocates for the petitioner and of
GOVERNMENT PLEADER for Respondents, the court passed the following:
WP(C) No.3184/2020 2/5
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.3184 of 2020
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Dated this the 10th day of August, 2022
ORDER
This order shall be read in continuation to the order dated 30.9.2021.
2. While issuing the said order, this Court, taking note of the stand
taken by the respondents in the counter affidavit dated 19.04.2021, had directed
the petitioner to appear before the 2nd respondent on 6.10.2021 at 11 a.m and
directions were issued to the 2nd respondent to hear the petitioner in the light of
Ext.P15 order passed by the Hon'ble Supreme Court and taking note of Ext.P16
representation submitted by him.
3. In tune with the directions issued by this Court, the learned
Government Pleader has placed before this Court a letter dated 12.10.2021 issued
by the DGE and addressed to the Advocate General.
4. Sri.R.Krishnaraj, the learned counsel appearing for the petitioner, has
filed a reply wherein it is stated thus:-
"But now the Government Pleader has placed before this Court a
letter sent by the Director General of Prosecution to the Advocate General
claiming that it is the report. In the present report except reiterating the
earlier stand taken by the respondents in the counter affidavit filed, nothing
new has been stated. Though it is claimed that an enquiry has been
conducted it is evident from the report that no such enquiry was conducted
WP(C) No.3184/2020 3/5
W.P.(C) No.3184 of 2020
and it is clear the petitioner was formally heard because of the directions
contained in the orders of this Hon'ble Court dated 1.7.2021, 07.09.2021
and 30.09.2021. Except providing details of the schools that exist in that
area where the school of the petitioner is situated nothing is stated
regarding the existence or non existence of educational need. It is
reiterated in the present letter that as per the mapping of the area done to
find out the educational needs in the year 2016 the area where the school
of the petitioner is situated is not figured and therefore the area where the
school of the petitioner situated is not an area where there is educational
need exists. It is further contended that the distance of other school is not
a factor since the Government has decided to provide transportation for
some of the children to overcome the distance problem so it is clear that
the Government has not conducted any study as claimed after Exhibit.P-15
judgment and as stated in para 11 of the counter affidavit as submitted
before this Court. It is also pertinent to note here that the Government has
relied on the aerial mapping to disregard the physical distance mapping
done by the Educational Officers before submitting Exhibit.P-2, P-8 and P-9
reports."
5. Having considered the submissions advanced, I find considerable
force in the submissions advanced by the learned counsel. None of the relevant
facts have been adverted to in the letter. Certain general notifications and orders
are referred to, whereas insofar as the petitioner is concerned, Ext.P9 is an order
issued by the DGE on 25.06.2013, wherein it is emphatically stated that there is an
educational need existing in the locality where the school of the petitioner is
situated, and upgradation of the school would actually help the educational need.
Obviously, none of the relevant aspects have been taken note of by the DGE
before submitting the letter dated 12.10.2021.
WP(C) No.3184/2020 4/5
W.P.(C) No.3184 of 2020
6. Sri.Premchand R. Nair, the learned Government Pleader, submits that
though the report was in the form of a letter, the relevant aspects have been
considered by the DGE.
7. I am unable to agree with the learned Government Pleader.
In that view of the matter, there will be a direction to the DGE to take note
of the specific assertion in para 11 in the counter affidavit filed by the 1st
respondent herein on 19.04.2021 and also the directions in Ext.P15 order passed
by the Apex Court. The DGE shall also advert to Ext.P9 dated 25.06.2013 issued
by the DGE and addressed to the Government proclaiming that there is an
educational need in the area and the school is entitled to upgradation. The
petitioner shall also be heard and a proper report shall be placed before this Court
within a period of 8 weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
10-08-2022 /True Copy/ Assistant Registrar
WP(C) No.3184/2020 5/5
APPENDIX OF WP(C) 3184/2020
EXHIBIT P2 - COPY OF THE REPORT OF AEO DATED 04.08.2003
EXHIBIT P8 - COPY OF THE REPORT OF TE D.E.O. KOLLAM DATED 29.06.2013
EXHIBIT P9 - COPY OF THE REPORT OF THE D.P.I. DATED 25.06.2013
EXHIBIT P15 - COPY OF THE ORDER IN SLP NO.12383/18 DATED 27.04.2018
EXHIBIT P16 - COPY OF THE REPRESENTATION DATED 27.04.2018
