Kerala Cbse School Management ... vs State Of Kerala
2023 Latest Caselaw 4521 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945


                   WP(C) NO.12277 OF 2023


PETITIONER:

         KERALA CBSE SCHOOL MANAGEMENT ASSOCIATION
         REG.NO. 174/1996, REPRESENTED BY ITS GENERAL
         SECRETARY P.S. RAMACHANDRAN PILLAI, AGED 58 YEARS,
         S/O. V.G.S. NAIR, 7TH FLOOR, PENTA TOWER, KALOOR,
         ERNAKULAM, PIN - 682017

         BY ADVS.
         P.MOHANDAS (ERNAKULAM)
         K.SUDHINKUMAR
         SABU PULLAN
         GOKUL D. SUDHAKARAN
         R.BHASKARA KRISHNAN
         K.P.SATHEESAN (SR.)


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695001

    2    THE TRANSPORT COMMISSIONER
         TRANSPORT COMMISSIONERATE, TRANS TOWERS,
         VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695036

    3    THE INSTITUTE OF DRIVER TRAINING AND RESEARCH
         (IDTR),
         REPRESENTED BY ITS DIRECTOR, EDAPPAL, MALAPPURAM,
         PIN - 679576
 W.P.(C.) No.12277 of 2023

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             SMT AMMINIKUTTY, SR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No.12277 of 2023

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                                      JUDGMENT

This writ petition is filed seeking the following reliefs:

i) to issue a writ of certiorari or such other appropriate writ, order or direction quashing Ext.P1 letter No.153172/2023/ATC TC dated 4.2.2023 issued by the 2nd respondent as it is without any authority of law.

ii) to issue a writ of certiorari or such other appropriate writ, order or direction quashing Ext.P3 google form issued by the 3rd respondent as the same is vitiated with mala fides and ill motives.

iii) to issue a writ of mandamus or order or direction to the 1st respondent to see that the drivers of educational institution buses are given training as provided under the Motor Vehicles Act and Rules.

2. Heard the learned counsel appearing for the petitioner and the

learned senior Government Pleader

3. It is submitted by the learned counsel that in Ext.P1, it has

been ordered that all drivers should get trained on or before 01.06.2023.

According to the petitioner, directions have also been issued that the drivers

shall undergo training at the Institute of Driver Training and Research at W.P.(C.) No.12277 of 2023

Edappal. It is contended that there are more than 7000 schools in the state

having their own school buses and there will be thousands of drivers. It

would be next to impossible to direct all these drivers to assemble at

Edappal and also to complete the training process before 1.6.2023.

Highlighting all these aspects the petitioner is stated to the preferred Exhibit

P2 representation before the second respondent and the same is pending. It

is in the afore circumstances that this Writ petition is filed seeking to quash

Ext.P1 letter and for ancillary relief.

4. I have considered the submissions advanced by Sri. P.

Mohandas, the learned counsel appearing for the Petitioner and the learned

Government Pleader.

5. Ext.P1 is a communication issued by the Transport

Commissioner to his Subordinate Officers. All that it says is that the course

run by the IDTR has been recognized and that training for the drivers are to

be imparted on or before 1/6/2023. As is evident from Ext. P3, details of the

drivers have also been called for. In the said circumstances, I find no need

to set aside Ext.P1 communication. However, I find that the Petitioner has

submitted Exhibit P2 representation before the 2nd Respondent, which is W.P.(C.) No.12277 of 2023

pending consideration. I am of the considered opinion that necessary

directions can be issued to the 2nd respondent to consider the grievances

projected in Ext.P2 and take a decision expeditiously.

Having regard to the facts and circumstances and the submissions

advanced, this writ petition is disposed of, directing the 2nd respondent to

consider Ext.P2 with notice to the petitioner and take a decision within a

period of three weeks from the date of receipt of a copy of this judgment. It

would be open to the petitioner to produce a copy of the writ petition along

with the judgment before the concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP W.P.(C.) No.12277 of 2023

APPENDIX OF WP(C) 12277/2023

PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF THE LETTER NO.

153172/2023/ATC TC DATED 4-2-2023 ISSUED BY THE 2ND RESPONDENT

Exhibit-P2 TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 20-03-2023

Exhibit-P3 TRUE COPY OF THE GOOGLE FORM PUBLISHED BY THE 3RD RESPONDENT

RESPONDENTS' NIL EXHIBITS: