Praveen Kumar. M.S vs 1. State Of Kerala
2023 Latest Caselaw 8489 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        WP(C) NO. 17020 OF 2023
PETITIONER:

            PRAVEEN KUMAR. M.S
            AGED 54 YEARS
            S/O. MADHAVAN NAIR, HST (MALAYALAM),
            THACHANGANADAM HIGHER SECONDARY SCHOOL,
            THACHINGANADAM (VIA) PATTIKKAD,
            MALAPPURAM DISTRICT, PIN - 670325
            BY ADVS.
            GEORGE ABRAHAM
            JOBY D JOSEPH
            MARY CATHERINE PRIYANKA P.S.
RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3       THE DEPUTY DIRECTOR OF EDUCATION
            OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
            MALAPPURAM DISTRICT, PIN - 676519
    4       DISTRICT EDUCATIONAL OFFICER
            OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
            WANDOOR, MALAPPURAM DISTRICT,, PIN - 679328
    5       THE MANAGER
            THACHANGANADAM HIGHER SECONDARY SCHOOL,
            THACHINGANADAM.P.O, MALAPPURAM DISTRICT, PIN - 679325
            SRI.PREMCHAND R.NAIR, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.17020 OF 2023

                                        2




                                 JUDGMENT

Dated this the 7th day of August, 2023

This writ petition is filed seeking the following prayers:

"(i) to issue a writ of certiorari or any other appropriate writ, order or direction, to quash Exhibit P8 order issued by the 1st respondent.

(ii) to declare that the Thachinganadam Higher Secondary School, Thachinganadam P.O, Malappuram is not entitled to get the status of a minority school."

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

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

during the pendency of this writ petition, the petitioner had been

offered appointment as Headmaster and an appointment order has also

been issued by the Manager as evidenced by Ext.P10.

In the above view of the matter, this writ petition is closed,

leaving open the legal contentions advanced by the petitioner as

against Ext.P10. In case the proposal for approval of Ext.P10 has been

forwarded to the DEO, the same shall be considered by the DEO WP(C) NO.17020 OF 2023

without undue delay.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.17020 OF 2023

APPENDIX OF WP(C) 17020/2023

PETITIONER'S EXHIBITS Exhibit P1 A COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 30-8- 2019 SHOWING THAT THE PETITIONER HAS PASSED THE ACCOUNT TEST Exhibit P2 A COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 30-8-

Exhibit P3 A COPY OF THE SALE DEED NO. 1481/1975 DATED 31-7-1975 Exhibit P4 A COPY OF THE BYELAW OF THE SCHOOL COMMITTEE DATED NIL Exhibit P5 A COPY OF THE GOVERNMENT NOTIFICATION NO.

57298/F2/04/G. EDN. DATED 21-5-2005 ISSUED BY THE GOVERNMENT Exhibit P6 A COPY OF THE JUDGMENT DATED 1-7-2005 IN W.P.

(C) NO. 16961 OF 2005 Exhibit P7 A COPY OF THE SALE DEED DATED 3-5-2006 Exhibit P8 A COPY OF THE GOVERNMENT ORDER GO(RT) NO.2455/2023/G.EDN DATED 17-4-2023 Exhibit P9 A COPY OF THE JUDGMENT DATED 15-3-2023 IN W.P.(C) NO. 9032/2023 Exhibit P10 A COPY OF THE APPOINTMENT ORDER DATED 1/6/2023 ISSUED BY THE MANAGER APPOINTING THE PETITIONER AS HEADMASTER Exhibit P11 A COPY OF THE COVERING LETTER ISSUED BY THE MANAGER ON 1-6-2023 Exhibit P12 A COPY OF THE ORDER NO. B3/1181/2023/DEOWDR DATED 6-7-2023 RESPONDENTS' EXHIBITS: NIL