Citation : 2024 Latest Caselaw 13939 Ker
Judgement Date : 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 19142 OF 2024
PETITIONER:
MOHAMMED BASHEER
AGED 53 YEARS
MANAGER, S/O ABUHAJI, VVM HIGHER SECONDARY SCHOOL
MARAKKARA, P. O. KAREKKAD VIA KADAMPUZHA , MALAPPURAM
DISTRICT - 676553. RESIDING AT CHOLAYIL (H) P. O.,
KAREKAD, KADAMPUZHA, MALAPPURAM, PIN - 676553
BY ADVS.
T.T.MUHAMOOD
A.RENJITH
GOKUL R.NAIR
ANSALAM N.X.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY WING ) HOUSING BOARD BUILDING
SANTHINAGAR, THIRUVANANTHAPURAM, PIN - 695014
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION REGIONAL OFFICE,
MALAPPURAM, PIN - 676505
BY ADV
ADV - NISHA BOSE - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19142 OF 2024
2
JUDGMENT
The petitioner is the Manager of VVM Higher Secondary
School at Marakkara in Malappuram District. The grievance of the
petitioner is that, even though there are students available to join in
the school of the petitioner for Higher Secondary, the petitioner is
unable to provide admission to the said students due to non
availability of seats. The specific case of the petitioner is that,
taking note of the requirement in the locality, and also the facilities
available in the school, his school is entitled to be sanctioned
additional Higher Secondary batches, at least in unaided sector. In
such circumstances, the petitioner submitted Ext.P2 representation
before the first respondent, which is now pending consideration.
The limited prayer sought by the petitioner is for a direction to the
first respondent to pass orders on Ext.P2.
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 first respondent shall WP(C) NO. 19142 OF 2024
take up Ext.P2 and appropriate orders thereon shall be passed in
accordance with law, taking note of the local requirements and the
shortage of the Higher Secondary batches. A decision in this regard
shall be taken within a period of one month from the date of receipt
of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 19142 OF 2024
APPENDIX OF WP(C) 19142/2024
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GO (MS) NO 75/2016/G.EDN DATED 05.04.2016 Exhibit P1(a) TRUE COPY OF THE RELEVANT PAGES OF REPORT ON 25-08-2020 Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 09-05-2024
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