Kerala High Court
Gautam Krishna vs State Of Kerala on 14 November, 2024
2024:KER:84969
WPC.No.40106/2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,
1946
WP(C) NO. 40106 OF 2024
PETITIONER:
GAUTAM KRISHNA,
AGED 26 YEARS,
S/O.LATE K.B RADHAKRISHNAN, RESIDING AT KRISHNA
VILAS BUNGLOW, VENDAR P.O, KOTTARAKKARA, KOLLAM
AND MANAGING COMMITTEE MEMBER, SRI VIDYADHIRAJA
MEMORIAL MODEL HIGHER SECONDARY AND VOCATIONAL
HIGHER SECONDARY SCHOOL, VENDAR P.O,
KOTTARAKARA, PIN - 691 507.
BY ADVS.
ASHIK K.MOHAMED ALI
MUHAMMED RIFA P.M.
EHLAS HALEEMA C.K.
SALMAN FARIS
GAYATHRI ASHISH NAIR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT,
GOVERNMENT SECRETARIAT, ANNEX II,
THIRUVANANTHAPURAM., PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
THYCAUD, JAGATHY, THIRUVANANTHAPURAM,
PIN - 695 014.
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WPC.No.40106/2024 2
3 THE DEPUTY DIRECTOR OF EDUCATION,
GOVT. BHSS CAMPUS, THEVALLY P.O,
KOLLAM, PIN - 691 009.
4 THE DISTRICT EDUCATIONAL OFFICER,
KOTTARAKARA, NEAR POLICE STATION, KOTTARAKARA
P.O, KOLLAM, PIN - 691 506.
5 K.B.RANIKRISHNA,
HSST IN BOTANY & MANAGER SVMHSS & VHSS, VENDAR
P.O, KOTTARAKARA, KOLLAM., PIN - 691 507.
6 K.B.LEKSHMI KRISHNA,
HST IN PHYSICAL SCIENCE & MEMBER OF THE MANAGING
COMMITTEE SVMMHSS & VHSS VENDAR P.O,
KOTTARAKARA, KOLLAM, PIN - 691 507.
SRI.Venugopal.V, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WPC.No.40106/2024 3
JUDGMENT
The petitioner is aggrieved by the appointment of the
5th respondent as the Manager of an aided school, wherein the
petitioner is one among the members of the educational
agency. The contention raised by the petitioner is that, the 5 th
respondent being a teacher in the said school, was appointed
as the Manager without obtaining permission as contemplated
under Rule 8(2) of Chapter III of the Kerala Education Rules.
2. Being aggrieved by the orders issued in this
regard, the petitioner submitted Ext.P8 appeal before the 2 nd
respondent, which is now pending consideration. Limited
prayer sought by the petitioner is to direct the 2 nd respondent
to take a decision thereon within a time frame.
3. 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 2nd respondent shall take up Ext.P8 and appropriate orders
thereon shall be passed in accordance with law, after hearing
the petitioner and respondents 5 and 6.
It is clarified that, this Court has not expressed
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any views on the merits of the contentions raised and it shall
be open for the 2nd respondent to take a decision in accordance
with law. A decision in this regard shall be taken within a
period of two months from the date of receipt of a copy of this
judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/14.11.24
2024:KER:84969
APPENDIX OF WP(C) 40106/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS ORDER NO:
B2/2277/2022/K-DIS DATED 19/09/2022.
Exhibit P2 TRUE COPY OF THE WILL EXECUTED BY THE
LATE G. BALAKRISHNA PILLAI.
Exhibit P3 TRUE COPY OF THE ORDER DATED 29-09-2015
APPROVING THE CONSTITUTION OF THE
CORPORATE MANAGEMENT OF THE SRI.
VIDYADHIRAJA SCHOOLS.
Exhibit P4 TRUE COPY OF THE G.O (RT.)
4805/15/G.EDN. DATED 9TH OCTOBER 2015.
Exhibit P5 TRUE COPY OF THE SAID GO (RT)
NO.7389/2022/GEDN DATED 28-11-2022.
Exhibit P6 TRUE COPY OF G.O (RT) NO. 3422/2018/G.
EDN. DATED 7-09-2018.
Exhibit P7 TRUE COPY OF THE PROCEEDINGS ORDER NO.
B2/1312/2024/DGE DATED 06-08-2024
ISSUED BY THE 4TH RESPONDENT IN FAVOUR
OF THE 5TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE APPEAL PREFERRED BY
THE PETITIONER UNDER RULE 4 (3) OF
CHAPTER III OF THE KERALA EDUCATION
RULES, 1959, BEFORE THE DIRECTOR OF
GENERAL EDUCATION, THIRUVANANTHAPURAM.
