Kerala High Court
Gazna Kasim vs State Of Kerala on 27 May, 2024
WPC.No.18884/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
WP(C) NO. 18884 OF 2024
PETITIONER:
GAZNA KASIM, AGED 10 YEARS,
(MINOR), DAUGHTER OF KASIM, STD V, GHSS AROLI,
KEECHERI, VELAPURAM, KANNUR DISTRICT - 670 562.
(RESIDING AT THATTAN MADATHIL (H), PARAKKAL, AROLI
P O, KANNUR DISTRICT REPRESENTED BY HER MOTHER
RAHEENA T V), PIN - 670 562.
BY ADVS.V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANATHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
PUZHATHI HOUSING COLONY, KANNUR DISTRICT,
PIN - 670 002.
4 THE DISTRICT EDUCATIONAL OFFICER,
THAVAKKARA, KANNUR DISTRICT, PIN - 670 002.
5 THE HEADMASTER, GHSS AROLI, KEECHERI, VELAPURAM,
KANNUR DISTRICT, PIN - 670 562.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.18884/24 2
JUDGMENT
The petitioner, a 5th standard student of GHSS Aroli, has
approached this Court seeking the following reliefs:
"(i) Call for Exhibit P-5 and set aside the
original of the same by the issue of a writ of
certiorari or appropriate writ or order.
(ii) Declare that in the Upper Primary Section of
Aroli Government Higher Secondary School
Arabic Teacher is to be provided in terms of the
RTE Act.
(iii) Direct the respondents to sanction an
Arabic teacher in the Upper Primary section of
the Aroli Government Higher Secondary School.
(iv) Direct the 1st respondent to take a decision
on Exhibit P7 with notice to the petitioner in a
time bound manner.
(v) Direct the 1st respondent to initiate action
against the HM in denying the chance of the
Petitioners to follow Arabic as 1st language in
her Upper Primary Education."
2. Main grievance of the petitioner is that, even though
she studied up to 4th standard opting Arabic as the main
language, she is unable to continue her studies from 5 th standard
onwards with Arabic as the main language, in view of the fact
that there is no Arabic teacher in the said school. In such
circumstances, the petitioner submitted Ext.P7 representation
before the 1st respondent which is pending consideration.
Limited prayer sought by the petitioner is for a direction to
the 1st respondent to take up Ext.P7 and pass appropriate orders
thereon within a time frame. After hearing the petitioner and the
learned Government Pleader, this writ petition is disposed of
directing the 1st respondent to take up Ext.P7 and pass
appropriate orders thereon after hearing the petitioner as well as
the 5th respondent. Orders in this regard shall be passed within a
period of four months from the date of receipt of a copy of this
judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/27.5.24
APPENDIX OF WP(C) 18884/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE REPRESENTATION SUBMITTED
FOR AND ON BEHALF OF THE STUDENTS DATED
29.05.2023
Exhibit P-2 TRUE COPY OF THE REQUEST SO MADE BY THE
PETITIONER BEFORE THE DEO DATED
06.06.2023
Exhibit P-3 TRUE COPY OF THE REQUEST SO MADE BY THE
PETITIONER BEFORE THE DDE DATED
06.06.2023
Exhibit P-4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE DIRECTOR
DATED 20.06.2023
Exhibit P-5 TRUE COPY OF THE ORDER NO. A6/15987/2023/
DGE DATED 14.03.2024
Exhibit P-6 TRUE COPY OF THE
G.O.(MS).NO.102/2022/GEDN DATED
08.06.2022
Exhibit P-7 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE GOVERNMENT
DATED 19.05.2024
Exhibit P-8 TRUE COPY OF THE GO(RT) NO.
2993/2023/G.EDN DATED 23.05.2023
