Citation : 2022 Latest Caselaw 1644 Ker
Judgement Date : 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 4922 OF 2022
PETITIONER/S:
RAMAKRISHNAN V.P, MANAGER,
KARUVANCHERI UPPER PRIMARY SCHOOL,
KARUVANCHERI, KOZHIKODE DISTRICT,
RESIDING AT KURUMAYIL POYIL HOUSE,
NADUVATHOOR P.O., KOYILANDY VIA.,
KOZHIKODE DISTRICT, PIN - 673620.
BY ADVS.
K.P.SUDHEER
ANJALI MENON
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695014.
3 ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
VADAKARA, KOZHIKODE DISTRICT - 673101.
4 V. KUNHIRAMA PANICKER
VALIYAPURAKANDY HOUSE,
KARUVANCHERI, PALAYAD NADA, VATAKARA P.O.,
KOZHIKODE DISTRICT, PIN - 673521
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4922 OF 2022 ..2..
JUDGMENT
The petitioner states that he is the approved
Manager of Karuvancheri Upper Primary School, coming
within the jurisdiction of the 3rd respondent Assistant
Educational Officer. The petitioner has produced Ext.P1
order, approving the change of management, as well the
approval of the petitioner as the Manager of the school.
The petitioner states that the 4th respondent staked claim
for management of the school and by Ext.P2 order, the 3 rd
respondent rejected the request of the 4th respondent.
Since the login credentials of the Manager to access
Samanwaya portal was misused by some strangers to
enter and use the portal, petitioner by virtue of Ext.P1
order, approached the 3rd respondent requesting for
issuance of fresh login credentials for Samanwaya web
portal and to issue new user name and password for
logging into the portal. However, the 3 rd respondent has WP(C) NO. 4922 OF 2022 ..3..
not yet issued fresh login credentials or new user name
and password for logging into the said portal. According
to the petitioner, the operation of Samanwaya web portal
is absolutely necessary for the management of the school
and for correspondence with the authority. Due to the
delay in issuance of the credentials as above, the daily
affairs of the school are adversely affected. The petitioner
has submitted Ext.P3 representation on 19.07.2021,
requesting to issue fresh user name and password for
logging into the Samanwaya web portal of the petitioner,
in the capacity of the Manager of the school. The limited
prayer of the petitioner is for a direction to the 3rd
respondent to consider Ext.P3 request and to issue fresh
user name and password to the petitioner in the capacity
of Manager for logging into Samanwaya web portal.
2. Heard the learned Counsel for the petitioner and
the learned Government Pleader. In the nature of the
order I propose to pass, notice to the 4 th respondent is WP(C) NO. 4922 OF 2022 ..4..
not necessary.
3. Since it is stated that Ext.P3 application is
pending consideration before the 3rd respondent from
19.07.2021 and the daily affairs of the school are affected
due to the non-issuance of fresh user name and password
for logging into Samanwaya web portal, there will be a
direction to the 3rd respondent to consider Ext.P3 with
notice to the petitioner and the 4 th respondent and to
pass appropriate orders, in accordance with law, as early
as possible, at any rate, within a period of six weeks from
the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB/15/02/2022
WP(C) NO. 4922 OF 2022 ..5..
APPENDIX OF WP(C) 4922/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PROCEEDINGS DATED 20.12.1975 OF THE 3RD
RESPONDENT APPROVING THE CHANGE OF MANAGEMENT
EXHIBIT P2 TRUE COPY OF THE INTIMATION RECEIVED BY THE PETITIONER FROM THE ASSISTANT EDUCATIONAL OFFICER AND DATED 8.11.2021 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 19.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P4 TRUE COPY OF THE QUESTIONNAIRE DATED 28.11.2021 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P5 TRUE COPY OF REPLY DATED 4.1.2022 ISSUED TO THE PETITIONER UNDER RIGHT TO INFORMATION ACT ALONG WITH ITS ENGLISH TRANSLATION.
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