Private School (Aided) Managers ... vs State Of Kerala
2022 Latest Caselaw 2688 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                          WP(C) NO. 8178 OF 2022
PETITIONER:

              PRIVATE SCHOOL (AIDED) MANAGERS ASSOCIATION
              REPRESENTED BY ITS GENERAL SECRETARY, MONY K.,
              S/O.LATE K.KUTTAN PILLAI, AGED 54 YEARS, RESIDING AT
              KADADIYIL VILLA, CHERIYAVELINALLOOR P.O., OYUR (VIA),
              KOLLAM DISTRICT - 691 516.

              BY ADVS.
              K.MOHANAKANNAN
              H.PRAVEEN (KOTTARAKARA)



RESPONDENTS:

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

     2        DIRECTOR GENERAL OF EDUCATION
              GENERAL EDUCATION DEPARTMENT, JAGATHY,
              THIRUVANANTHAPURAM -695 014.

     3        THE DIRECTOR
              SIEMAT - KERALA (STATE INSTITUTE OF EDUCATIONAL
              MANAGEMENT AND TRAINING - KERALA), M.G.ROAD, EAST FORT,
              THIRUVANANTHAPURAM - 695 036.

              SRI.JIMMY GEORGE GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8178 OF 2022                    2




                                    JUDGMENT

The petitioner is an association of Aided School Managers.

As part of implementation of the Right of Children to Free and

Compulsory Education Act, 2009 (Right to Education Act), the

Government as per Ext.P1 order has constituted a special

committee. According to the petitioner, in the said committee

representatives of the Managers of the Aided School are not

included. The petitioner submits that since there are several

educational institutions and day to day affairs is to be interfered

with, for the said purpose, a member of the management of the

Aided Schools is necessary to be included in the core committee.

For the said purpose, the petitioner has filed Ext.P2

representation. The grievance of the petitioner is that Ext.P2 is

not so far considered by the 1st respondent.

2. The limited prayer of the petitioner is for a direction to

the 1st respondent to consider Ext.P2 representation and pass

orders after hearing the petitioner before filing any report in

terms of Ext.P1.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. In the facts and circumstances of the case, the

submissions made by the counsel on either side and the limited

prayer of the petitioner, there will be a direction to the 1 st

respondent to consider Ext.P2 representation submitted by the

petitioner and pass appropriate orders in accordance with law,

after hearing the petitioner Association at the earliest within a

period of six weeks from the date of receipt of a copy of this

judgment, in case no report in terms of Ext.P1 is already filed. I

make it clear that I have not expressed any opinion on the merits

of Ext.P2 representation submitted by the petitioner.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE ska

APPENDIX OF WP(C) 8178/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER NO.GO(RT) 1030/2022/G.EDN. DATED 23/02/2022 WITH ENGLISH TRANSLATION.

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE RESPONDENTS BEFORE THE 1ST RESPONDENT DATED 26/02/2022 WITH ENGLISH TRANSLATION.