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High Court of KeralaWP(C)/6709/2015disposed of

The Manager, K.M.Higher Secondary School v. The State Of Kerala

2015-03-03Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No.6709 of 2015 (K) ------------------------------------ PETITIONER:

------------------- THE MANAGER,KUNJU MOIDU MEMORIAL HIGHER SECONDARY SCHOOL,P.O.KUTTOOR NORTH, MALAPPURAM DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS:

------------------------ 1.

THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2.

THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY,THIRUVANANTHAPURAM - 695 014.

3.

THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL,MALAPPURAM DISTRICT - 676 519.

4.

THE ASSISTANT EDUCATIONAL OFFICER, VENGARA,MALAPPURAM DISTRICT - 676 304.

5.

THE MANAGER,ALHUDA ENGLISH MEDIUM U.P.SCHOOL, VENGARA,MALAPPURAM DISTRICT - 676 304.

R1 TO R4 BY SENIOR GOVT. PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.6709 of 2015 (K) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT.P-1:TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 18.12.2014.

EXT.P-2:TRUE COPY OF THE REPORT ALONG WITH PROFORMA OF SURVEY REPORT AND CHECK LIST FOR RECOGNITION OF THE 4TH RESPONDENT.

EXT.P-3:TRUE COPY OF THE LETTER DATED 28.11.2013 OF THE 4TH RESPONDENT.

EXT.P-4:TRUE COPY OF THE ENQUIRY REPORT OF THE 3RD RESPONDENT DATED 5.11.2014.

EXT.P-5:TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE HON'BLE MINISTER FOR EDUCATION DATED 22.10.2014. RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S.TO JUDGE pk

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 6709 of 2015 ---------------------------------------------------- Dated this the 3rd day of March,2015

J U D G M E N T

-------------------------- The petitioner is the Manager of an aided school. The petitioner has approached the Government by Ext.P5 objecting the proposal to grant recognition to the 5th respondent school. The petitioner apprehends that without adverting to his objection, a decision will be taken to grant recognition to 5th respondent school. The limited request made before this Court is that Government shall advert to Ext.P5 before taking a decision in the matter of proposal for recognition for 5th respondent School.

2.

In view of the above, there shall be a direction to the 1st respondent to consider Ext.P5 after hearing the petitioner before any recognition is granted to 5th respondent School if no decision has already taken. The writ petition is disposed of as above.

A.MUHAMED MUSTAQUE, JUDGE jm/