General Manager vs Director of General Education

Type Court Judgment Court Kerala Decided Feb 17, 2023

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Citation: sooperkanoon.com/1362448
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Feb 17, 2023
Case Number: WP(C)/17957/2022

Parties & Advocates

Appellant / Petitioner

General Manager

Respondent

Director of General Education

Excerpt

.....of verapoly, as there is no transfer of the property of the school.(iv) pass such other orders as this hon'ble court may deem fit to grant in the circumstances of the case.”[sic]2. the impugned order in this writ petition isext.p9. admittedly, ext.p9 is an appealable order as per rule 4(4) of chapter iii, ker. if that is the case, the petitioners can a file revision against ext.p9 before the additional 5th respondent. if the petitioners file a revision before the 5th respondent, there can be a direction to the 5th respondent to consider the same within a time frame. therefore, this writ petition is disposed of in the following manner: i. the petitioners are free to file a revision before the 5th respondent against ext.p9, within one week from the date of receipt of a copy of thisjudgment.ii. once such a revision along with certified copy of the judgment is received, the 5 th respondent will consider the revision and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and other affected parties, if any, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of the revision. sd/- p.v.kunhikrishnan dm judge appendix of wp(c) 17957/2022 petitioner exhibits exhibit p1 true copy of the constitution of the little flower church pottakuzhi, kaloor. exhibit p2 true copy of the declaration dt of verapoly. exhibit p3 true copy of the covering letter dt respondent. exhibit p4 true copy of the report dated exhibit p5 true copy of report no c/566/2021 dt to the 1st respondent. exhibit p6 true copy of the hearing note dt 28.04.2021 submitted by the 1st petitioner. exhibit p7 true copy of the letter dt 16/07/2021 submitted by the 1st petitioner. exhibit p8 true copy of letter dated 01/10/2021 of the 1st respondent. exhibit p9 true copy of the order no e(2)9881/2020/dge/adi dt 18/03/2022 issued by the 1st respondent. respondents exhibits : nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944 PETITIONERS: 1 GENERAL MANAGER CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF VERAPOLY, REP. BY POWER OF ATTORNEY HOLDER, FR. MICHAEL D'CRUZ, RESIDING AT ST.ALBERTS HIGH SCHOOL CAMPUS, BANERJI ROAD, ERNAKULAM- 682 018. 2 THE MANAGER, LITTLE FLOWER UP SCHOOL, POTTAKUZHI, KALOOR, ERNAKULAM-682 026. BY ADVS. M.P.ASHOK KUMAR P.C.GOPINATH BINDU SREEDHAR ASIF N RESPONDENTS:
1 DIRECTOR OF GENERAL EDUCATION O/O. THE DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM - 695 014. 2 DEPUTY DIRECTOR OF EDUCATION ERNAKULUM, O/O. THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030. 3 DISTRICT EDUCATIONAL OFFICER ERNAKULAM, DISTRICT EDUCATIONAL OFFICE, NEAR KANAYANNUR TALUK OFFICE, ERNAKULAM - 682 011. 4 ASSISTANT EDUCATIONAL OFFICER ASSISTANT EDUCATIONAL OFFICE, ERNAKULAM- 682 308. 5 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM (IS SUOMOTU IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS
PER ORDER DATED 17.02.2023) BY ADV.SMT SURYA BINOY, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 17957 of 2022 ---------------------------------------------- Dated this the 17th day of February, 2023

JUDGMENT

The above writ petition is filed with the following prayers: “(i) Issue a writ of certiorari or other

appropriate writ or order quashing Exhibit P9 order

issued by the 1st respondent.

(ii) Direct the competent Educational

authorities to grant permission for the transfer of the possession and management of Little Flower UP School, Pottakkuzhy, Kaloor with the 1 st petitioner, Corporate Education Agency for its effective functioning.

(iii) Declare that the previous permission of

the 1st respondent is not necessary for the transfer of the management for the functioning of Little Flower UP School, Kaloor with the Corporate Educational Agency of Archdiocese of Verapoly, as there is no transfer of the property of the school.

(iv) Pass such other orders as this Hon'ble Court may deem fit to grant in the circumstances of the case.”[SIC]

2. The impugned order in this writ petition is

Ext.P9. Admittedly, Ext.P9 is an appealable order as per Rule 4(4) of Chapter III, KER. If that is the case, the petitioners can a file revision against Ext.P9 before the additional 5th respondent. If the petitioners file a revision before the 5th respondent, there can be a direction to the 5th respondent to consider the same within a time frame. Therefore, this writ petition is disposed of in the following manner: i. The petitioners are free to file a revision before the 5th respondent against Ext.P9, within one week from the date of receipt of a copy of this

judgment.

ii. Once such a revision along with certified copy of the judgment is received, the 5 th respondent will consider the revision and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and other affected parties, if any, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of the revision. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF WP(C) 17957/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CONSTITUTION OF THE LITTLE FLOWER CHURCH POTTAKUZHI, KALOOR. EXHIBIT P2 TRUE COPY OF THE DECLARATION DT OF VERAPOLY. EXHIBIT P3 TRUE COPY OF THE COVERING LETTER DT RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPORT DATED EXHIBIT P5 TRUE COPY OF REPORT NO C/566/2021 DT TO THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE HEARING NOTE DT 28.04.2021 SUBMITTED BY THE 1ST PETITIONER. EXHIBIT P7 TRUE COPY OF THE LETTER DT 16/07/2021 SUBMITTED BY THE 1ST PETITIONER. EXHIBIT P8 TRUE COPY OF LETTER DATED 01/10/2021 OF THE 1ST RESPONDENT. EXHIBIT P9 TRUE COPY OF THE ORDER NO E(2)9881/2020/DGE/ADI DT 18/03/2022 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2023 Same Parties General Manager vs Director of General Education Same Judge Honourable Mr. Justice P.V.Kunhikrishnan