High Court of KeralaWP(C)/4307/2015disposed of

Sayan K.M v. State Of Kerala

2015-02-25Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No. 4307 of 2015 (K) --------------------------- PETITIONER :

--------------------- SAYAN K.M., AGED 49 YEARS, S/O.MURUKAN, KOTHIRATHARA, PANAMBUKAD, VALLARPADAM P.O.

ERNAKULAM DISTRICT - 682 504.

BY ADV. SMT.KEERTHI SOLOMON RESPONDENT(S) :

----------------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

2. DIRECTOR OF PUBLIC INSTRUCTION OFFICER, JAGATHI, THIRUVANANTHAPURAM - 695 003.

3. DEPUTY DIRECTOR, DEPARTMENT OF EDUCATION KAKKANAD, ERNAKULAM, PIN - 682 030.

4. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL FOR GIRLS KOCHI, ERNAKULAM, PIN - 682016

5. THE HEADMISTRESS GOVERNMENT HIGHER SECONDARY SCHOOL FOR GIRLS KOCHI, ERNAKULAM, PIN - 682016 R1 TO R5 BY GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 4307 of 2015 (K) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1A TRUE COPY OF THE ORDER DATED 25.6.07 ISSUED BY THE DEPARTMENT OF EDUCATION, GOVT. OF KERALA AS NO.126/07. EXT. P2A TRUE COPY OF THE GUIDELINES WITH REGARD TO THE CONSTITUTION AND DUTIES OF SCHOOL MANAGEMENT COMMITTEE. EXT. P3TRUE COPY OF THE LETTER DATED 12.1.2015 GIVEN BY THE PETITIONER.

EXT. P4TRUE COPY OF THE DETAILS GIVEN BY THE 5TH RESPONDENT DATED 30.1.2015.

EXT. P5TRUE COPY OF THE RESIGNATION LETTER DATED NIL SUBMITTED BY THE FORMER PRESIDENT OF PTA.

EXT. P6TRUE COPY OF THE NOTICE SERVED TO THE PETITIONER AS PER THE INSTRUCTION OF THE 4TH RESPONDENT.

EXT. P7TRUE COPY OF THE COMPLAINT DATED 5.2.2015. EXT. P8TRUE COPY OF THE COMPLAINT DATED 5.2.15 RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.4307 OF 2015 ......................................................................... Dated this the 25th February, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"a) issue a writ of mandamus or any other appropriate writ order or direction, directing the respondent 4 and 5 to constitute Parents Teachers Association and School Management Committee in the School as per Ext.P1 and P2 and not to conduct General Body meeting until further orders of this Hon'ble Court.

b) issue a writ of mandamus directing respondents 1 to 3 to take action on Ext.P7 & P8 without any delay.

c) issue any other orders as this Hon'ble court deems fit and proper in the facts and circumstances of the case. "

2. The case of the petitioner as revealed from the writ petition is that PTA is not duly constituted in terms of clause 1.2 of Ext.P1. Several other insinuating circumstances are also mentioned, which compelled the petitioner to approach this Court by filing this writ petition.

3. Heard the learned Government Pleader as well, who

W.P.(C)No.4307 OF 2015 points out that General Body election to the PTA was held on 10.02.2015 and the proceedings have already been finalised. The writ petition was filed by the petitioner only on 10.02.2015 and it came up for admission on the next day, i.e. on 11.02.2015. The learned Government Pleader further submits that Ext.P8 representation preferred before the third respondent/Deputy Director will be caused to be considered and appropriate orders will be passed within the shortest possible time . The said submission is recorded.

4. The writ petition is disposed of directing the third respondent/Deputy Director to consider Ext.P8 and pass appropriate orders at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the third respondent for further steps. P.R.RAMACHANDRA MENON JUDGE lk