Reena Memorial Samrakshana Society ... vs State Of Kerala, Rep. By Its Secretary
2024 Latest Caselaw 17504 Ker

Kerala High Court

Reena Memorial Samrakshana Society ... vs State Of Kerala, Rep. By Its Secretary on 21 June, 2024

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                      WP(C) NO. 22207 OF 2024
PETITIONER/S:

            REENA MEMORIAL SAMRAKSHANA SOCIETY REP. BY ITS
            SECRETARY, LEELA ANTONY
            AGED 68 YEARS
            ADMN OFFICE: REENA MEMORIAL SAMRAKSHANA SPECIAL
            SCHOOL,KUTTY SAHIB ROAD, SOUTH CHITTOOR, KOCHI,
            PIN - 682023

            BY ADVS.
            SAIBY JOSE KIDANGOOR
            BENNY ANTONY PAREL
            PRAMITHA AUGUSTINE
            NAZRIN BANU
            IRINE MATHEW
            ADRISYA S.



RESPONDENT/S:

    1       STATE OF KERALA, REP. BY ITS SECRETARY
            DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

    2       THE PRINCIPAL SECRETARY (APPELLATE AUTHORITY)
            DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF
            KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
            695001


OTHER PRESENT:

            ADV NISHA BOSE-SR GP

    THIS     WRIT    PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON     21.06.2024,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.C No. 22207 of 2024

                                2

                          JUDGMENT

The petitioner, a special school, was being provided with

grant-in-aid by the Government all these years. However, now

mthe same has been abruptly stopped and Ext.P5(a) has been

issued which contains the list of the school entitled to get grant-

in-aid in which the petitioner school is excluded. In such

circumstances, the petitioner submitted Ext.P6 appeal before

the 2nd respondent. The limited prayer sought by the petitioner

is to direct the 2nd respondent to consider Ext.P6 within a time

frame.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this

writ petition. Accordingly, it is ordered that, the 2 nd respondent

shall take up Ext.P6 appeal and pass appropriate orders thereon

within a period of three months from the date of receipt of a

copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

APPENDIX OF WP(C) 22207/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ORGANIZATION NO: ER 351/98 DATED 04.03.1998

Exhibit P2 TRUE COPY OF THE GRANT IN AID SANCTIONED IN FAVOUR OF THE PETITIONER BY PROCEEDINGS NO:

M5/16041/09/DPI DATED 02.04.2008 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION

Exhibit P3 A TRUE COPY OF THE CIRCULAR NO.M1/515453/2022/D.G.E DATED 31.03.2023 IS ISSUED BY THE DIRECTOR, GENERAL EDUCATION DEPARTMENT

Exhibit A TRUE COPY OF THE STATEMENT PREPARED BY THE P3(a) PETITIONER ENLISTING THE GRANTS-IN-AID RECEIVED TILL DATE

Exhibit P4 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2022-23 IN NO. 56/2023/GEN.EDN.DEPT. DATED 10.05.2023

Exhibit A TRUE COPY OF THE APPLICATION/PROPOSAL IN P4(a) CONNECTION WITH EXT. P4 SUBMITTED BY THE PETITIONER

Exhibit P5 TRUE COPY OF THE ORDER NO: 1883/2024/GEDN DATED 06.03.2024 ISSUED BY THE 1ST RESPONDENT

Exhibit A TRUE COPY OF THE LIST OF SCHOOLS IN P5(a) ERNAKULUM DISTRICT SANCTIONED WITH GRANT-IN-

AID

Exhibit P6 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15.04.2024