The Manager, vs the State of Kerala

The Manager, vs The State of Kerala

Type Court Judgment Court Kerala Decided Oct 01, 2021

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Citation: sooperkanoon.com/1682833
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Oct 01, 2021
Case Number: WP(C)/20842/2021

Parties & Advocates

Appellant / Petitioner

The Manager,

Respondent

The State of Kerala

Excerpt

.....forthe petitioner, who submitted that for the time being, the petitioner would be satisfied if the 1st respondent is directed to consider and take a decision on exhibit-p1 representation in the light of exhibit p3 within a time frame.3. i have heard smt. nisha bose, the learned senior government pleader, who submitted that she has no objection in considering the said prayer.4. after having carefully evaluated the contentions raised in this writpetition, the submissions made across the bar and the facts and circumstances, i am of the view that this writ petition can be disposed of by issuing the following directions: a) there will be a direction to the 1st respondent to take up, consider and pass appropriate orders on exhibit-p1 wp(c) no. 20842 of 2021 4 representation in the light of exhibit p3, as per procedure and in strict adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative. b) orders shall be passed expeditiously, in any event, within a period of two months from the date of receipt of a copy of this judgment. c) it would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.the writ petition is disposed of. sd/- raja vijayaraghavan v judge sru wp(c) no. 20842 of 2021 5 appendix of wp(c) 20842/2021 petitioner exhibits exhibit p1 true copy of representation dated 18.9.2021 submitted by the petitioner before the ist respondent. exhibit p2 true copy of go(ms) no.75/2016/g.edn dated 5.4.2016. exhibit p3 true copy of relevant pages of the report of the state level committee. respondents exhibits:nil

Full Judgment

WP(C) NO. 20842 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 WP(C) NO. 20842 OF 2021 PETITIONER/S: THE MANAGER, PARUDUR HSS, PALLIPPURAM, KARAMBATHUR P.O., PATTAMBI, PALAKKAD-679 305. BY ADVS. T.T.MUHAMOOD V.E.ABDUL GAFOOR A.MOHAMMED SAVAD T.R.VISHNU RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING), DIRECTORATE OF GENERAL EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, MALAPPURAM-676 505.
SMT NISHA BOSE, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20842 OF 2021 2

JUDGMENT

The petitioner states that he is the Manager of Parudur Higher Secondary

School, Pallippuram, an aided school governed by the provisions of the Kerala Education Act and the Rules framed thereunder. It is contended that the school is situated within the limits of Parudur Grama Panchayat, an educationally, socially and economically backward area. Though the school is a Higher Secondary School, only four Higher Secondary batches have been allotted. As against 1000 students who pass SSLC, there are only 200 seats for Plus One Course in the school. It is contended that the total requirement of Plus One seats within the limits of Parudur Grama Panchayat would be around 1200 seats. Hundreds of students of the area are deprived of an opportunity to pursue higher education for want of Plus One seats. Highlighting the educational need and the acute shortage of seats, the petitioner is stated to have filed Ext.P1 representation before the 1st respondent. The petitioner contends that pursuant to the directions issued by this Court in Manager, St. Sebastian’s High School, Thrissur District v. State of Kerala and Ors. [2015 KHC 725], the Government has issued Ext.P2 order appointing Regional as well as State Level

Committees so as to determine the educational need of the locality. The petitioner contends that the State Level Committee has concluded that there is acute shortage of Plus One seats in the Parudur Grama Panchayat as per Ext.P3 WP(C) NO. 20842 OF 2021 3

report and sanctioning of additional Higher Secondary batches were recommended. According to the petitioner, despite Ext.P3 report, no action has been taken by the respondents. It is in the afore circumstances that the petitioner is before this Court seeking a direction to the respondents 1 and 2 to sanction three additional Higher secondary batches and also for a direction to the 1st respondent to consider and pass orders on Ext.P1 representation within a time frame.

2. I have heard Sri.T.T..Muhamood, the learned counsel appearing for

the petitioner, who submitted that for the time being, the petitioner would be satisfied if the 1st respondent is directed to consider and take a decision on Exhibit-P1 representation in the light of Exhibit P3 within a time frame.

3. I have heard Smt. Nisha Bose, the learned Senior Government Pleader, who submitted that she has no objection in considering the said prayer.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions: a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exhibit-P1 WP(C) NO. 20842 OF 2021 4 representation in the light of Exhibit P3, as per procedure and in strict adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative. b) Orders shall be passed expeditiously, in any event, within a period of two months from the date of receipt of a copy of this judgment. c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

The writ petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V JUDGE sru WP(C) NO. 20842 OF 2021 5 APPENDIX OF WP(C) 20842/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REPRESENTATION DATED 18.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. Exhibit P2 TRUE COPY OF GO(MS) NO.75/2016/G.EDN DATED 5.4.2016. Exhibit P3 TRUE COPY OF RELEVANT PAGES OF THE REPORT OF THE STATE LEVEL COMMITTEE. RESPONDENTS EXHIBITS:NIL

Same Court & Year Kerala · 2021 Same Parties The Manager, vs The State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V