S.Swararaj vs State Of Kerala
2024 Latest Caselaw 9491 Ker

Citation : 2024 Latest Caselaw 9491 Ker
Judgement Date : 4 April, 2024

Kerala High Court

S.Swararaj vs State Of Kerala on 4 April, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
 THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                   WP(C) NO. 5203 OF 2017
PETITIONERS:

    1    S.SWARARAJ
         S/O.SARAMGAM, ZEN HOUSE, THETTIVILA,
         KALLIYUR.P.O., THIRUVANANTHAPURAM -695 042.
    2    G.UTHAMADAS
         S/O.GEORGE BHASKARAM, SMRITHI BHAVAN, KALLIYUR
         PALLICHAL.P.O., THIRUVANANTHAPURAM-695 020.
         BY ADVS.
         SRI.ELVIN PETER P.J.
         SRI.K.R.GANESH
         SRI.T.G.SUNIL PRANAVAM


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY,
         GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.
    2    THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
         DIRECTORATE OF HIGHER SECONDARY EDUCATION,
         HOUSING BOARD BUILDINGS, SANTHI NAGAR,
         THIRUVANANTHAPURAM-695 001.
    3    THE DISTRICT PANCHAYAT
         THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
         DISTRICT PANCHAYAT OFFICE, PATTOM PALACE P.O.,
         THIRUVANANTHAPURAM-695 004.
    4    THE KALLIYUR GRAMA PANCHAYAT
         REPRESENTED BY ITS SECRETARY, KALLIYUR GRAMA
         PANCHAYAT OFFICE, KALLIYUR P.O.,
         THIRUVANANTHAPURAM-695 042.
    5    THE PRESIDENT
         PARENT TEACHERS ASSOCIATION, THE GOVERNMENT MODEL
         HIGHER SECONDARY SCHOOL, PUNNAMOODU,
         PALLICHAL.P.O., THIRUVANANTHAPURAM-695 040.
 W.P.(C)No.5203 of 2017
                             -: 2 :-


    6      S.UDAYAKUMAR
           ADVOCATE, PARANKIMAMPILA VEEDU, AIRAL,
           KALLIYUR.P.O., THIRUVANANTHAPURAM-695 042.
           BY ADVS.
           SRI.S.ANEESH
           SRI.R.GOPAN
           SRI. BIJOY CHANDRAN, SR. GP.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                          SATHISH NINAN, J.
                = = = = = = = = = = = = = = = = = =
                      W.P.(C)No.5203 of 2017
                = = = = = = = = = = = = = = = = = =
               Dated this the 4th day of April, 2024

                                 JUDGMENT

The issue involved in the writ petition relates to

the naming of a school.

2. The petitioners are the alumni of the school

in question. According to the petitioners, in the year

1915, one Elisa Vadhyar donated 20 cents of land and

established the "Basha Primary School", Punnamoodu.

Later, the school was renamed as, "Government Basha

Primary School", Punnamoodu. In the year 1961, the

school was upgraded as U.P. School. An extent of 30

cents of land, which was required to satisfy the

requirements for upgradation of the school, was provided

for by the said Elisa Vadhyar at a very meager price. On

upgradation, the school was named as "Government U.P.

School", Punnamoodu.

3. In the year 1974, the school was further

upgraded as a High School. The required land for

upgradation of the school was offered by the members of

the family of the said Vadhyar at a meager price. Later,

the school was upgraded as a Higher Secondary School.

4. In the year 2014, a request was made by the

former students of the school to the Government to

rename the school as "Shri.Elisa Bhaskaram Memorial

Higher Secondary School" with a view to honour the soul,

who established the school. On the request, the

Government as per letter dated 20.04.2015 sought for the

views of the District Panchayat. As per Ext.P1, the

Panchayat endorsed that the school was established by

Shri.Elisa Vadhyar and the land was provided for by him.

It was also reported that they have no objection in the

name of the school being changed as sought for.

Subsequently, the Government sought for a report from

the Director of Higher Secondary Education. The Director

by Ext.P2 reply favoured the proposal.

5. Thereafter the Government issued Ext.P3 order

dated 20.06.2015 renaming the school as "Shri Elisa

Bhaskara Memorial Government Higher Secondary School".

However, immediately thereafter on 15.07.2015, the

Government, based on certain complaints, issued Ext.P4

order staying the implementation of Ext.P3. Thereafter,

on 03.08.2016 the Government issued Ext.P10 order

cancelling Ext.P3. It is accordingly that the

petitioners approached this Court.

6. I have heard the learned counsel on either

side.

7. In Ext.P10 order, but for mentioning that

there was an objection from the President of the

Panchayat that the school may lose the status of "Model

School" consequent on the change of its name, no reason

as such is provided. Ext.P10 order does not even suggest

that the said objection is sustainable and that the

school will lose its status as "Model School" by

changing its name. Suffice to notice, Ext.P10 is

unreasoned. The fact that the school was founded by

Shri.Elisa Vadhyar is supported by Ext.P1 communication

of the Panchayat. If the only reason is the status as

"Model School" may be the inclusion of such terms in the

name could also be considered. Any how, all these are

the matters to be considered by the authorities and I

make it clear that I have not expressed anything on the

merits of the claim. On the facts as above, it is only

appropriate that the Government passes fresh order after

hearing the parties.

Resultantly, Ext.P10 order is quashed. The

competent authority of the 1 st respondent shall hear the

petitioners and respondents 4 to 6 and pass fresh

orders. It is ordered that, till fresh orders are

passed, the present status quo with regard to the name

of the school shall continue.

Sd/-

SATHISH NINAN JUDGE

APPENDIX OF WP(C) 5203/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LETTER DATED 23.05.2015 SENT BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF REPORT DATED 8.6.2016 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF G.O.(P)NO.2463/2015/G.EDN.

                    DATED    20.6.2015     ISSUED     BY    THE
                    GOVERNMENT.
EXHIBIT P4          TRUE COPY OF LETTER DATED 15.07.2015
                    SENT BY THE GOVERNMENT TO THE 2ND
                    RESPONDENT.
EXHIBIT P5          TRUE COPY OF COMPLAINT DATED FILED BY

RESPONDENTS 5 AND 6 BEFORE THE HON'BLE MINISTER FOR EDUCATION, KERALA, THIRUVANANTHAPURAM.

EXHIBIT P6 TRUE COPY OF REPLY DATED 4.8.2015 ISSUED BY THE SECRETARY OF KALLIYUR GRAMA PANCHAYAT TO THE 1ST PETITIONER.

EXHIBIT P7 TRUE COPY OF APPLICATION DATED 22.7.2015 SUBMITTED BY THE 1ST PETITIONER BEFORE THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM.

EXHIBIT P8          TRUE COPY OF REPLY DATED 31.7.2015
                    ISSUED   BY   THE   DEPUTY    DIRECTOR   OF

EDUCATION, THIRUVANANTHAPURAM TO THE 1ST PETITIONER.

EXHIBIT P9 TRUE COPY OF COMMUNICATION DATED 25.7.2015 ISSUED BY THE GOVERNMENT TO THE 1ST PETITIONER.

EXHIBIT P10 TRUE COPY OF G.O.(P)NO.2509/2016/G.EDN.

DATED 3.8.2016 ISSUED BY THE GOVERNMENT.

EXHIBIT P11 TRUE COPY OF APPLICATION DATED 22.9.2016 SUBMITTED BY THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE SECRETARY OF DISTRICT PANCHAYATH OFFICE, THIRUVANANTHAPURAM.

EXHIBIT P12 TRUE COPY OF COMMUNICATION DATED 30.9.2016 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, DISTRICT PANCHAYAT OFFICE, THIRUVANANTHAPURAM.

EXHIBIT P13 TRUE COPY OF REPLY DATED 31.10.2016 ISSUED BY THE PUBLIC INFORMATION OFFICER OF REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM.




RESPONDENTS 5 AND 6 EXHIBITS
EXHIBIT R5(A)      THE PHOTOCOPY OF THE JUDGMENT IN LAR
                   NO.97/1982    OF     THE    SUB    COURT,
                   THIRUVANANATHAPURAM.
EXHIBIT R5(B)      THE PHOTOCOPY    OF THE    LETTER DATED

07.07.2008 ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.