Sajeesh.S vs The Director
2023 Latest Caselaw 715 Ker

 WP(C) NO. 952 OF 2023          1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                     WP(C) NO. 952 OF 2023


PETITIONER/S:

          SAJEESH.S, S/O SURENDRAN,
          PTA PRESIDENT, SNVHSS, NEDUNGANDA,
          NEDUNGANDA.P.O,
          ATTINGAL EDUCATIONAL DISTRICT,
          THIRUVANANTHAPURAM, PIN-695 307,
          RESIDING AT PRASANTH,
          VILABHAGOM, MELVETTOOR.P.O, CHERUNNIYOOR,
          THIRUVANANTHAPURAM, PIN - 695318

          BY ADVS.
          K.P.SUJESH KUMAR
          KEERTHI K.NARAYANAN
          S.SHALU
          ASWIN B.


RESPONDENT/S:

    1     THE DIRECTOR
          GENERAL EDUCATION DEPARTMENT,
          HIGHER SECONDARY SECTION,
          HOUSING BOARD BUILDINGS,
          SHANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001

    2     REGIONAL DEPUTY DIRECTOR
          HIGHER SECONDARY EDUCATION,
          OFFICE OF THE REGIONAL DEPUTY DIRECTOR,
          FOURTH FLOOR, CORPORATION BUILDINGS,
          PALAYAM, THIRUVANANTHAPURAM,
          PIN - 695033
  WP(C) NO. 952 OF 2023            2




     3       PRINCIPAL
             S.N.V.H.S.SCHOOL, NEDUNGANDA,
             ATTINGAL EDUCATIONAL DISTRICT,
             NEDUNGANDA.P.O,
             THIRUVANANTHAPURAM, PIN - 695307

     4       MANAGER
             S.N.V.H.S.S, NEDUNGANDA,
             ATTINGAL EDUCATIONAL DISTRICT,
             NEDUNGANDA.P.O,
             THIRUVANANTHAPURAM, PIN - 695307



             SMT NISHA BOSE, SR. GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
  WP(C) NO. 952 OF 2023                3




                                JUDGMENT

The petitioner states that he is the President of the Parent Teachers

Association (PTA) of the S.N.V. Higher Secondary School, Ndeunganda. He has

approached this Court seeking issuance of directions to respondents 3 and 4

not to convene the General Body meeting of the PTA pursuant to Ext.P4 till a

decision is taken on Ext.P5 complaint lodged by the petitioner and pending

before the 2nd respondent.

2. The contention of the petitioner is that in violation of the Circulars

and guidelines issued by the 1st respondent, respondents 3 and 4 have

omitted to include the petitioner in the proposed General Body, which is

scheduled to be held on 17.1.2023. Highlighting his grievances, the petitioner

is stated to have approached the 2nd respondent and has filed Ext.P5

complaint. The petitioner also asserts that without considering the grievance

of the petitioner raised in Ext.P5 complaint, if the meeting is held on

17.01.2023 in terms of Ext.P3, it would cause serious prejudice and would go

against the Government Orders as well as the Circulars.

3. The learned Government Pleader points out that the 2nd respondent

has already issued Ext.P3 directing the Principal to convene the General Body

meeting. It is submitted that if the request of the petitioner is for a

consideration of Ext.P5 complaint, there cannot be any impediment.

4. In view of the nature of the order that I propose to pass, no

prejudice would be caused to respondents 3 and 4 if notice is dispensed with.

5. Having regard to the facts and circumstances and taking note of the

pendency of Ext.P5 before the 2nd respondent, there will be a direction to the

2nd respondent to take up, consider and pass orders on Ext.P5 expeditiously,

in any event, within thirty days from today with notice to the petitioner and

affected parties, if any. The petitioner would be at liberty to point out before

the 2nd respondent that the meeting scheduled on 17.1.2023 is not in

accordance with the Circulars and Orders issued by the Government, and if

the 2nd respondent is convinced, it would be open to the said authority to

issue necessary directions to the party respondents to ensure that the

Government Orders and Circulars are complied with in its letter and spirit.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 952/2023

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE GUIDELINE ISSUED BY THE FIRST RESPONDENT, DATED 12/08/2022 Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT, DATED 19/12/2022 Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECOND RESPONDENT, DATED 23/12/2022 Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT, DATED 6/01/2023

RESPONDENT(S) EXHIBITS : NIL