Abdul Naseer K.P vs State Of Kerala
2023 Latest Caselaw 218 Ker

Citation : 2023 Latest Caselaw 218 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Abdul Naseer K.P vs State Of Kerala on 6 January, 2023

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
    THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944

                  WP(C) NO. 292 OF 2023

PETITIONER/S:

 1   ABDUL NASEER K.P
     AGED 49 YEARS
     NIJIA NIVAS, NEDMKUNNI,
     THAZHAM KUTIYIL THAZHAM , POKKUNNU ,
     MANKAVU P.O, KOZHIKODE, KERALA 673007
     PARENT OF MUHAMMED YASIN K P, CLASS -6A, PIN - 673007

 2   SHANAVAS C
     AGED 40 YEARS
     S/O MAMMED KOYA C
     THAIVALAPPU , PALLITHAZHAM ,
     MANKAVU P.O , KOZHIKODE 673007
     PARENT OF MUHAMMED ALOOF. C, CLASS-6A, PIN - 673007

 3   NOUSHAD
     AGED 49 YEARS
     S/O BUCHU P
     FARSHANA MANZIL, MANDATH KARANTHUR,
     KUNNAMANGALAM, KOZHIKODE-KERALA 673571
     PARENT OF MUHAMMED SANAD P, CLASS-10C, PIN - 673571

     BY ADVS.
     BONNY BENNY
     VISHNU NARAYANAN
     ADHIL C.V.


RESPONDENT/S:

1 STATE OF KERALA
  REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT,
  SECRETARIAT, THIRUVANANTHAPURAM-695 001., PIN - 695001

2 DIRECTOR GENERAL OF EDUCATION
  DIRECTORATE OF GENERAL EDUCATION
  HIGH SCHOOL WING, HOUSING BOARD BUILDINGS, SANTHI NAGAR,
  THIRUVANANTHAPURAM-695 001., PIN - 695001

3 THE DEPUTY DIRECTOR OF EDUCATION,
  OFFICE OF THE DDE, MANANCHIRA ROAD, MANANCHIRA,
  KOZHIKODE - 673 601., PIN - 673601
 WP(C) NO. 292 OF 2023

                            2


4 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE
  OFFICE OF THE DEO, PAVAMANI RD, TAZHEKKOD,
  KOZHIKODE, KERALA 673004, PIN - 673004

5 THE PRINCIPAL, ZAMORINS HIGHER SECONDARY SCHOOL,
  CHALAPPURAM P.O., KOZHIKODE - 673 002., PIN - 673002

6 THE MANAGER, ZAMORINS HIGHER SECONDARY SCHOOL,
  CHALAPPURAM P.O., KOZHIKODE - 673 002., PIN - 673002

7 THE HEADMASTER, ZAMORINS HIGHER SECONDARY SCHOOL,
  CHALAPPURAM P.O., KOZHIKODE - 673 002., PIN - 673002

8 PTA PRESIDENT, ZAMORINS HIGHER SECONDARY SCHOOL,
  CHALAPPURAM P.O., KOZHIKODE - 673 002., PIN - 673002

9 * THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY,
  8/282, CORPORATION OFFICE ROAD,
  MANANCHIRA, KOZHIKODE-673032.

         *ADDL. 9TH RESPONDENT IS SUOMOTU IMPLEADED AS PER
   JUDGMENT DATED 06.01.2023 IN W.P(C).


   SMT NISHA BOSE SR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 292 OF 2023

                                     3


                               JUDGMENT

The petitioners claim that they are parents of certain students

studying in the Zamorins Higher Secondary School, Chalappuram, an

aided school governed by the provisions of the Kerala Education Act and

Rules framed thereunder and managed by the 6th respondent. They

have approached this Court seeking to set aside the election of the PTA

Committee in respect of the 6th respondent School and also for a

direction to respondents 3 and 4 to consider and pass orders on Exhibits

P3 and P4 representations submitted by the 1st petitioner.

2. Sri. Bonny Benny, the learned counsel appearing for the

petitioner, submitted that the petitioner would be satisfied if necessary

directions are issued to the 3rd respondent to consider Exhibit P4 in the

light of Exhibit P1.

3. The learned Government Pleader points out that the

jurisdiction is vested with the AEO, Kozhikode City to consider the

grievance, if any, of the petitioner. If appropriate representation is filed

before the AEO concerned, necessary action shall be taken.

4. I find that the AEO, Kozhikode City, has not been arrayed as a

respondent herein. I suo motu implead the AEO, Kozhikode City as an

additional 9th respondent. The learned government pleader takes

notice.

WP(C) NO. 292 OF 2023

5. Having regard to the submissions advanced and the facts and

circumstances, this writ petition is ordered by issuing the following

directions:

a) There will be a direction to the petitioners to submit a copy

of Exhibit P4 representation before the AEO, Kozhikode City,

within a period of one week from today.

b) If a representation as directed above is submitted before

the AEO concerned, the same shall be considered, with

notice to the petitioner and other affected parties, including

the party respondents, and appropriate orders shall be

passed within a further period of one month.