The Shanmughavilasam Higher ... vs The State Of Kerala
2023 Latest Caselaw 2028 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                       WP(C) NO. 3684 OF 2023
PETITIONER:

          THE SHANMUGHAVILASAM HIGHER SECONDARY SCHOOL
          CLAPPANA, KOLLAM DISTRICT,
          REPRESENTED BY ITS MANAGER RENOJ R., PIN - 690525.
          BY ADV V.A.MUHAMMED


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION, CORPORATION BUILDINGS,
          IVTH FLOOR, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
    4     THE DEPUTY DIRECTOR OF EDUCATION
          KOLLAM @ THEVALLY, PIN - 691009
    5     THE DISTRICT EDUCATIONAL OFFICER
          CIVIL STATION, KOLLAM DISTRICT, PIN - 691001
          SMT.NISHA BOSE - SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3684 OF 2023              2

                             JUDGMENT

The limited plea of the petitioner, as made their learned counsel

Sri.V.A.Muhammed, is that the 5th respondent - District Educational

Officer be directed to take up Ext.P3 representation and dispose it of,

adverting to Ext.P4 order of the Additional Director of General

Education, within a time frame to be fixed by this Court.

2. Smt.Nisha Bose - learned Senior Government Pleader

appearing for the official respondents, submitted that there is no legal

impediment in Ext.P3 representation being taken up and disposed of

by the 5th respondent; but prayed that this Court may not make any

affirmative declarations on their entitlement to any relief and leave it

to be decided by the competent Authority, in terms of law.

In the afore circumstances, I allow this writ petition and direct

the 5th respondent to take up Ext.P3 and dispose of the same,

adverting to Ext.P4 order, after affording an opportunity of being

heard to the petitioner, as also any other person who may be

interested in being heard; thus culminating in an appropriate order

and necessary action thereon, as expeditiously as is possible, but not

later than two months from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/3.2

APPENDIX OF WP(C) 3684/2023

PETITIONER EXHIBITS Ext.P-1 TRUE COPY OF THE APPROVED CONSTITUTION OF THE EDUCATIONAL AGENCY Ext.P-2 TRUE COPY OF THE ORDER NO. B.4/525/ 2020/K.DIS. DATED 24.02.2020 OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM Ext.P-3 TRUE COPY OF THE LETTER DATED 12.01.2023 ADDRESSED TO THE DEO, KOLLAM Ext.P-4 TRUE COPY OF ONE SUCH ORDER NO.

ET(1)/43956/2017/DPI/K.DIS. DATED 16.09.2017 ISSUED BY THE ADDITIONAL DIRECTOR (GENERAL) ATTACHED TO THE OFFICE OF THE DIRECTOR OF GENERAL EDUCATION