Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR SATURDAY, THE5H DAY OF OCTOBER201313TH ASWINA, 1935 WP(C).No. 24420 of 2013 () --------------------------- PETITIONER(S): -------------------------- 1. M.I.CHERIYA KOYA S/O.LATE KIDAVU KOYA, MEPPADA ILLAM, AGATHI ISLAND UNION TERRITORY OF LAKSHADWEEP.
2. MOHAMMED ASLAM K.P. S/O.CHERIYA KOYA, -DO- -DO- BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): -------------------- 1. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP KAVARATHI ISLAN-682555.
2. THE DIRECTOR OF EDUCATION DIRECTOR OF EDUCATION, UNION TERRITORY OF KAKSHDWEEP KAVARATHI ISLAND, PIN68255.
3. THE EDUCATIONAL OFFICER LAKSHADWEEP ADMINISTRATIVE OFFICE, WILLINGTON ISLAND INDIRA GANDHI ROAD, KOCHI-3. BY SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0510-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24420 of 2013 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE CERTIFICATE ISSUED BY AL AMEEN PUBLIC SCHOOL SHOWING THE COURSE OF STUDY OF THE PETITIONER'S SON. EXHIBIT-P2: TRUE COPY OF APPLICATIONS FOR EDUCATION CONCESSION FOR LAKSHADWEEP STUDENTS TO HIS SON MOHAMMED ASLAM IN THE PRESCRIBED FORMS ATTESTED BY THE PRINCIPAL OF AL-AMEEN PUBLIC SCHOOL. EXHIBIT-P3: TRUE COPY OF CERTIFICATE ISSUED BY THE MANAGER OF THE AL-AMEEN PUBLIC SCHOOL. EXHIBIT-P4: A TRUE COPY OF THE REPRESENTATION TO THE3D RESPONDENT THROUGH THE PRINCIPAL, AL-AMEEN PUBLIC SCHOOL REQUESTING TO REIMBURSE THE AMOUNTS PAID TO THE SCHOOL TOWARDS SCHOOL FEES AND HOSTEL FEES FOR THE ACADEMIC YEAR200607, 2007- 08, 2008-09 & 2009-10 IN CLASSES VII TO X. EXHIBIT-P4(A):A TRUE COPY OF THE REPRESENTATION DATED1212.2011 TO THE3D RESPONDENT THROUGH THE PRINCIPAL, AL-AMEEN PUBLIC SCHOOL REQUESTING TO REIMBURSE THE AMOUNTS PAID TO THE SCHOOL TOWARDS SCHOOL FEES AND HOSTEL FEES FOR THE ACADEMIC YEAR2010 11 & 2011-12 IN CLASSES XII AND XII. EXHIBIT-P5: TRUE COPY OF OFFICE MEMORANDUM DATED2105.2010 ISSUED BY2D RESPONDENT. EXHIBIT-P6: TRUE COPY OF THE OFFICE ORDER
DATED102.2007 ISSUED BY THE2D RESPONDENT EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION IN OCTOBER, 2012 TO THE1T RESPONDENT ISSUED BY THE PETITIONER. EXHIBIT-P8: TRUE COPY OF OFFICE ORDER
DATED281.2012 OF THE2D RESPONDENT. EXHIBIT-P8(A): TRUE COPY OF OFFICE MEMORANDUM DATED2010.2011 ISSUED BY THE2D RESPONDENT. EXHIBIT-P8(B): TRUE COPY OF THE LETTER DATED0707.2012 SENT BY THE3D RESPONDENT TO THE PRINCIPAL COLLEGE OF VETERINARY AND ANIMAL SCIENCE, LAKKIDI. EXHIBIT-P9: TRUE COPY OF REPRESENTATION DATED1412.2012 SUBMITTED BY THE PETITIONER BEFORE THE1T RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. dlk C.T.RAVIKUMAR, J --------------------------------------- W.P.(C) No. 24420 of 2013 ---------------------------------------- Dated this the 5th day of October, 2013 JUDGMENT
This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondent to consider and pass appropriate orders on Ext.P2 series of applications and to reimburse the amounts mentioned in Ext.P3 certificate, expeditiously. Originally, this writ petition was filed by the father of one Mohammed Aslam who had undergone his school education from VIII to XII classes in Al Ameen Public School, Edappally. He belongs to Scheduled Tribe community. In case of Scheduled Tribe students of Lakshadweep Islands studying in the mainland on account of non-availability of a particular course in the Islands they are entitled to get educational concessions from the Government. While undergoing his studies the school fee and hostel fees were paid by the petitioner. The registry noted a defect to the effect that since the said student viz., Mohammed Aslam is a major,the writ petition W.P.(C) No. 24420 of 2013 2 cannot be filed in representative capacity styling Mohammed Aslam as a minor. Subsequently, appropriate petition was filed and the petitioner's son was brought in the array of petitioners and in fact, he is the second petitioner in this writ petition. The learned counsel for the petitioner submitted that it is correct to say that in the case of Scheduled Tribe students of Lakshadweep who undergo studies in the main lands on account of a non- availability of such a course in Islands they are entitled to get educational concession from the Government of India. It is further submitted that however, in this case no proper application was submitted by Mohammed Aslam, the student who underwent the studies in the main land and in fact, such applications were submitted only by the first petitioner. It is also submitted that in case the second petitioner submits appropriate petitions seeking for reimbursement of the amount paid on his behalf towards the school fee and hostel fees appropriate orders can be passed thereon, in accordance with law. In the said circumstances, this writ petitioner is disposed of with liberty to the second petitioner to move appropriate petitions seeking for W.P.(C) No. 24420 of 2013 3 reimbursement of the school fee and hostel fees paid on his behalf for the purpose of undergoing school education from VIII- XII, in accordance with law along with relevant documents. In case the second petitioner files such an application the same shall be considered expeditiously and in accordance with law, at any rate, within a period of two months from the date of receipt of a copy of receipt of such application. Sd/- C.T.RAVIKUMAR,JUDGE. dlk