Kerala High Court
Sri.A.M Arif vs The Union Of India on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 8772 OF 2022
PETITIONER:
SRI.A.M ARIF ,
AGED 57 YEARS
S/O LATE ABDUL MAJEED,
MEMBER OF PARLIAMENT, ALAPPUZHA LOK SABHA CONSTITUENCY,
RESIDING AT ARUNYAM,THIRUVAMBADY P.O.,
ALAPPUZHA - 690105
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
HARIKRISHNAN S.
RESPONDENTS:
1 THE UNION OF INDIA,
MINISTRY OF EDUCATION, SHASTRI BHAWAN,
DR. RAJENDRA PRASAD ROAD, NEW DELHI
REPRESENTED BY THE PRINCIPAL SECRETARY,
PIN - 110001
2 THE NATIONAL THERMAL POWER CORPORATION LIMITED,
HAVING ITS REGISTERED OFFICE AT NTPC BHAWAN,
SCOPE COMPLEX,
7 INSTITUTIONAL AREA,LODHI ROAD, NEW DELHI
REPRESENTED BY ITS MANAGING DIRECTOR.
PIN - 110003
3 THE NATIONAL THERMAL POWER CORPORATION LIMITED,
KAYAMKULAM, CHOOLATHERUVU P.O.,
ALAPPUZHA DISTRICT
REPRESENTED BY ITS GENERAL MANAGER.
PIN - 690506.
W.P.(C).No.8772 of 2022 2
4 THE KENDRIYA VIDYALAYA SANGATHAN,
18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW
DELHI
REPRESENTED BY THE COMMISSIONER
PIN - 110016
5 THE DEPUTY COMMISSIONER,
KENDRIYA VIDYALAYA SANGATHAN,
REGIONAL OFFICE, IGH ROAD, KADAVANTHARA, NEAR RAJIV
GANDHI INDOOR STADIUM, ERNAKULAM - 682020.
PIN - 682020
6 THE KENDRIYA VIDYALAYA,
NATIONAL THERMAL POWER CORPORATION,CHEPPAD, KAYAMKULAM
P.O,
ALAPPUZHA DISTRICT
REPRESENTED BY ITS PRINCIPAL
PIN - 690507
7 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
PIN - 695001
BY ADVS.
SRI.K.I.MAYANKUTTY MATHER, SC, FOR R4 TO R6
MANU S., ASG OF INDIA FOR R1
SMT.MINI GOPINATH, CGC
SRI.N.MANOJ KUMAR, STATE ATTORNEY FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.8772 of 2022 3
JUDGMENT
S.MANIKUMAR,CJ.
Petitioner has sought for the following reliefs:
(i) Issue a writ of mandamus or other writ, order or direction, directing the 1 st
respondent to continue the functioning of the 6 th respondent Vidyalaya ensuring
necessary funds for the same.
(ii) Issue a writ of mandamus or other writ, order or direction, directing the
1st respondent and 4th respondent to consider the conversion of the 6 th
respondent Vidhyala from Project Sector to Civil Sector.
(iii) Call for the records leading to Exhibit P5 and quash the same by issue of
a writ of certiorari or other writ, order or direction.
(iv) Issue such other writ, order or direction as may be necessary in the
interest of justice.
2. Short facts leading to the filing of the writ petition are as follows;
3. According to the petitioner, he is a member of Parliament, representing
Alappuzha Parliament constituency since 2019. It is submitted by the petitioner that
Kendriya Vidyalaya Sangathan, New Delhi represented by the Commissioner - the 4 th
respondent, has been establishing Schools in Public Sector, which provides quality
education especially to the wards of employees of the Union of India, Ministry of
Education, New Delhi, represented by the Principal Secretary - 1 st respondent, Central
and State Public Sector including defence establishments. Vidyalayas are established
either in civil sector or in project sector.
4. According to the petitioner, Kendriya Vidhyalaya, Alappuzha District,
represented by its Principal - the 6th respondent, was established under the Project
Sector sponsored by the National Thermal Power Corporation Limited (NTPC), New
Delhi, represented by its General Manager - 3 rd respondent in the year 1999.
Thereafter, the 6th respondent has been developed as a centre of excellence catering
to the education needs of 730 students at present. The 3rd respondent, without any
consultation with anybody and without considering the ramification of its decision,
decided to withdraw from the sponsorship of the 6 th respondent, which is illegal and
arbitrary.
5. According to the petitioner, he, as the Member of Parliament of Alappuzha
Lok Saba Constituency, within which the 6 th respondent is functioning, has been
making all efforts to keep the 6th respondent functioning. The 1st respondent, in
consultation with Kendriya Vidyalaya Sangathan, New Delhi, represented by the
Commissioner - 4th respondent, could very well convert the 6 th respondent Vidyalaya
from the project sector to the civil sector. Though the matter has been continuously
raised before the 1st respondent as well as in the Parliament, there is no assurance as
to the continued functioning of the 6th respondent. Hence this Writ Petition.
6. Today on the very same facts and circumstances, with reference to the
continuation of Kendriya Vidyalaya at Kayamkulam, we have passed detailed orders
in W.P.(C) No.3347/2022, wherein while setting aside Exhibit P5 therein, we directed
NTPC Limited and Kendriya Vidyalaya Sangathan- 3 rd & 4th respondent herein, to
take steps for admission for students in standard 1, forth with.
7. On the facts and circumstances of the instant writ petition, the judgment
made in W.P.(C) No.3347/2022 dated 16 th March, 2022 is squarely applicable to the
case on hand. All findings, observations and directions made in the judgment in
W.P.(C) No.3347/2022, is squarely applicable to the case on hand.
Therefore, the instant writ petition is disposed of in terms of the above
judgment.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX OF WP(C) 8772/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF OFFICE ORDER DATED 07-05-1999 OF
THE 4TH RESPONDENT
Exhibit P1(a) TYPED COPY OF EXHIBIT.P1
Exhibit p 2 TRUE COPY OF NORMS FOR OPENING OF NEW
VIDYALAYA IN PROJECT SECTOR
Exhibit p3 TRUE COPY OF THE TERMS AND CONDITIONS FOR
OPENING OF A KENDRIYA VIDYALAYA IN THE CAMPUS
OF PUBLIC SECTOR UNDERTAKING/INSTITUTIONS OF
HIGHER LEARNING
Exhibit p4 TRUE COPY OF MODEL MEMORANDUM OF ASSOCIATION
FOR OPENING OF A KENDRIYA VIDYALAYA UNDER
PROJECT SECTOR
Exhibit p 5 TRUE COPY OF LETTER DATED 01-12-2020 OF THE
3RD RESPONDENT
Exhibit p6 TRUE COPY OF LETTER DATED 02-07-2020 ISSUED BY
THE PETITIONER ADDRESSED TO THE MINISTER OF
EDUCATION OF THE 1ST RESPONDENT
Exhibit p7 TRUE COPY OF LETTER DATED 05-12-2020 ISSUED BY
THE PETITIONER ADDRESSED TO THE MINISTER OF
EDUCATION OF THE 1ST RESPONDENT
Exhibit p 8 TRUE COPY OF LETTER DATED 26-02-2021 BEFORE
THE 1ST RESPONDENT
Exhibit p9 TRUE COPY OF MOTION UNDER RULE 377 DATED
08-03-2021
Exhibit p10 TRUE COPY OF QUESTION AND REPLY BY THE 1ST
RESPONDENT DATED 08-03-2021
Exhibit p11 TRUE COPY OF REPLY OF MINISTER DATED 19-07-
Exhibit p12 TRUE COPY OF LETTER DATED 22-07-2021 ISSUED BY
THE PETITIONER BEFORE THE UNION MINISTER FOR
EDUCATION OF THE 1ST RESPONDENT
Exhibit p13 TRUE COPY OF REPLY DATED 26-07-2021 OF THE 1ST
RESPONDENT
Exhibit p14 TRUE COPY OF LETTER DATED 29-12-2021 ISSUED BY
THE MINISTER OF EDUCATION OF THE 7TH
RESPONDENT ADDRESSED BEFORE THE UNION MINISTER
OF EDUCATION
Exhibit p15 TRUE COPY OF REPLY DATED 29-11-2021 OF THE 1ST
RESPONDENT
Exhibit p16 TRUE COPY OF LETTER DATED 20-12-2021 SUBMITTED
BY THE PETITIONER, REQUESTING FOR ALLOCATING
BUDGETARY FUNDS FOR FUNCTIONING OF 6TH
RESPONDENT AND SIMILARLY PLACED VIDYALAYAS
Exhibit p17 TRUE COPY OF LETTER DATED 10-01-2022 OF THE
PETITIONER
Exhibit p18 TRUE COPY OF LETTER DATED 2-2-2022 ISSUED BY
THE GOVERNMENT OF INDIA, REJECTING THE
PROPOSAL
