Kerala High Court
Sainaba M K vs State Of Kerala on 7 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
WP(C) NO. 22042 OF 2023
PETITIONERS:
1 SAINABA M K
AGED 35 YEARS
MUNDAKKOTTUKURISHI, ARAYANAGODE,
TENKARA P O, PALAKKAD, PIN - 678582
2 HAMZA P P
AGED 55 YEARS
PODINJARAPALLA HOUSE NECHULLY,
PAYYANANDAM. PALAKKAD, PIN - 678583
3 FASEELA
AGED 43 YEARS
MELECHALIL HOUSE PUKAYUR, OLAKARA P O
MALAPPURAM, PIN - 676306
4 MUHAMMED KOYA
AGED 38 YEARS
ERAMBAN KANJOLI HOUSE, POTTAMMAL MADU
PERUVALLUR, MALAPPURAM, PIN - 673638
5 ANSAR A
AGED 37 YEARS
S/O BEERAN AREEKKAT HOUSE, KARUVANKALLU
PERUVALLOOR, MALAPPURAM, PIN - 673638
6 FEMINA
AGED 36 YEARS
W/O.MUHAMMED SHAFI, KALLIYATH KUTTISERRYCHINA,
ABDURAHIMAN NAGAR, MALAPPURAM, PIN - 676305
7 KERALA URDU TEACHERS ASSOCIATION,
STATE COMMITTEE, KOZHIKODE
REP.BY ITS GENERAL SECRETARY SURESH,
KUTTIPORICHA, PARAMBATH NARIPETTA,
VADAKARA, PIN - 673506
BY ADVS.
M.A.FAYAZ
M.VISHNUPRIYA
C.B.ABHINAVA
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY TO GOVERNMENT,
WP(C).No.22042/2023
2
O/O THE SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
O/O THE DIRECTOR OF GENERAL EDUCATION JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION KANNUR
O/O REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION KANNUR KANNUR, PIN - 670003
4 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION KOZHIKODE
O/O REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION KOZHIKODE, KOZHIKODE, PIN - 673004
5 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION MALAPPURAM
O/O REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION MALAPPURAM, PIN - 676504
6 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION ERNAKULAM
O/O THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION ERNAKULAM, PIN - 682026
7 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, ALAPPUZHA
O/O THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION ALAPPUZHA, PIN - 689121
BY ADV SMT.SURYA BINOY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.22042/2023
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.22042 of 2023
----------------------------------------------
Dated this the 07th day of July, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a Writ of mandamus directing the 1 st
respondent to sanction sufficient number of posts
of Urdu in the Higher Secondary School in Kerala
corresponding to the number of students, who
had taken Urdu as 2nd language from classes 5 to
10.
ii. To declare that the refusal on the part of the
respondents in not sanctioning a single post of
Urdu in Higher Secondary schools in Wayand and
Palakkad Districts are highly arbitrary and illegal.
iii. To issue a Writ of mandamus directing respondent
1 and 2 to take immediate steps to sanction a post
of HSST Urdu at Darunajath HSS Nellipuzha
GHSS Peravalloor, AR Nagar HSS Chandapuraya
and all other schools in this academic year itself
considering the number of students who had
passed SSLC with Urdu as 2nd language.
iv. To issue a Writ of Mandamus directing the 1 st
respondent to consider and pass orders on
Ext.P13 representation submitted by the
WP(C).No.22042/2023
petitioners, forthwith at any rate before the start
of the plus one course.
v. To issue a Writ of Mandamus directing the
respondents to avail the services of Guest
lecturers in Urdu in Government and Aided
Schools till a final decision is taken on sanctioning
of Urdu post by the 1 respondent.
vi. To dispense with the filing of the translated copies
of the documents produced as Exhibits in the
above Writ Petition.
Vii. To grant such reliefs orders as this Court may
deem fit and proper in the above case, and to
award costs.
(SIC)
2. It is stated in the writ petition that petitioners 1 to
6 are parents of children, who had taken Urdu as 1 st language
and the 7th petitioner is an organization representing Urdu
Teachers. The grievance of the petitioners is that in spite of
the large number of students who had taken Urdu as 1 st
language joining plus two course, there are no facilities to
study Urdu in the Higher Secondary Section, due to the
reluctance on the part of the authorities in sanctioning Urdu
posts in the Higher Secondary Section. It is submitted that
many attempts made by the petitioners before the authorities
WP(C).No.22042/2023
evoked no response. It is also stated that there is an order
from the Kerala State Commission for Protection of Child
Rights as evident by Ext.P11 and that was also ignored by the
authorities. In such circumstances, the petitioners submitted
Ext.P13 before the 1st respondent. The same is also not
considered. Hence this writ petition.
3. Heard the learned counsel for the petitioners and
the learned Government Pleader.
4. After hearing both sides, I am of the considered
opinion that these are matters to be looked into by the 1 st
respondent. Since a grievance is raised before this Court, the
1st respondent has to look into the same and take appropriate
decision in accordance with law. There can be a direction to
the 1st respondent to hear a representative of the petitioners
before passing final orders.
Therefore, this writ petition is disposed of in the
following manner:
1. The 1st respondent is directed to consider and
pass appropriate orders in Ext.P13, after
affording an opportunity of hearing to a
representative of the petitioners, as
WP(C).No.22042/2023
expeditiously as possible, at any rate, within four
months from the date of receipt of a stamped
certified copy of this judgment.
2. While deciding the matter, the 1st respondent
will also consider Ext.P11.
3. The petitioners will produce a stamped certified
copy of this judgment along with a copy of this
writ petition before the 1st respondent for
compliance.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.22042/2023
APPENDIX OF WP(C) 22042/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE STAFF FIXATION ORDER
NO D.DIS/B3/2698/2018 IN RESPECT OF
DARUNANJATH HIGHER SECONDARY SCHOOL
NELLIPUZHA FOR THE ACADEMIC YEAR 2018-
2019 DATED 04.07.2018
Exhibit P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PTA PRESIDENT GHS
PERUVALLOOR DATED 28.10.2019
Exhibit P3 TRUE COPY OF REPRESENTATION WAS
SUBMITTED BY ONE SMT. AYISHA FIDA N,
URDU CLUB CONVENER ON 28.01.2019
Exhibit P4 TRUE COPY OF LETTER
NO.K/5792/2020/RDD/ HSE/MLPM DATED
16.12.2020 ISSUED BY THE 5TH
RESPONDENT
Exhibit P5 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PRESIDENT PTA GHSS
PERUVALOOR DATED 11.04.2022
Exhibit P6 TRUE COPY OF THE LETTER SUBMITTED BY
THE SECRETARY KERALA URDU TEACHERS
ASSOCIATION DATED 27.03.2023
Exhibit P7 TRUE COPY OF LETTER
NO.B5/8633/2021(D.DIS) DATED
15.07.2021 ISSUED BY THE DDE PALAKKAD
Exhibit P8 TRUE COPY OF LETTER
NO.DDE/PKD/2152/2022-K5DATED
15.07.2022 ISSUED BY THE DDE PALAKKAD
Exhibit P9 TRUE COPY OF THE REPLY GIVEN VIDE
LETTER NO.ACD.C2/234487/22/HSE DATED
31.08.2022 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P10 TRUE COPY OF THE REPLY GIVEN VIDE
LETTER NO.ACD.C2/234487/2022/HSE DATED
01.11.2022 BY THE 2ND RESPONDENTS
OFFICE
Exhibit P11 TRUE COPY OF ORDER IN CRMP
NO.8510/09/C2/2022/KE SCPCR DATED
21.10.2022
Exhibit P12 TRUE COPY OF LETTER
WP(C).No.22042/2023
NO.8510/09/C2/2022/KE SCPCR DATED
21.11.2022
Exhibit P13 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS DATED
15.05.2023
Exhibit P14 TRUE COPY OF G.O(MS)NO.16/2011/G.EDN
DATED 27.01.2011
Exhibit P15 TRUE COPY OF G.O(MS)NO.25/2011/G.EDN
THE DATED 04.02.2021
