High Court of KeralaWP(C)/7246/2015disposed of

V.P.Paul v. State Of Kerala

2015-03-10Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No.7246 of 2015 (E) ------------------------------------ PETITIONER:

------------------- V.P.PAUL,THE MANAGER, NATIONAL LOWER PRIMARY SCHOOL, MANALI,THRISSUR DISTRICT.

BY ADV.SRI.R.K.MURALEEDHARAN RESPONDENTS:

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

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

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

THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 003.

THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM,THRISSUR DISTRICT-680 103.

BY SENIOR GOVT. PLEADER SRI.V.VIJULAL.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.7246 of 2015 (E) ------------------------------------ APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE ORDER DATED 9.6.2003. EXT.P2:A TRUE COPY OF THE JUDGMENT IN W.A.NO.87/2004 DATED 6.7.2006. EXT.P3:A TRUE COPY OF THE ORDER DATED 15.9.2006 OF THE HONOURABLE SUPREME COURT.

EXT.P4:A TRUE COPY OF THE CABINET NOTE ALONG WITH THE COVERING LETTER DATED 20.9.2006 AND G.O DATED 9.6.2003. EXT.P5:A TRUE COPY OF THE JUDGMENT IN WP(C) NO.11755 OF 2007 DATED 4.7.2007.

EXT.P6:A TRUE COPY OF THE GO (RT) NO.3948/07/G.EDN DATED 22.8.2007. EXT.P7:A TRUE COPY OF THE REPRESENTATION DATED 10.2.2010. EXT.P8:A TRUE COPY OF THE ORDER DATED 23.5.2011. EXT.P9:A TRUE COPY OF THE JUDGMENT IN WP(C) NO.34373 OF 2011 DATED 30.7.2014.

EXT.P10:A TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER FORM III DATED 12.8.2014. EXT.P11:A TRUE COPY OF THE COVERING LETTER FORWARDING THE PROFORMA SURVEY REPORT AND VISIT REPORT BNY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

EXT.P12:A TRUE COPY OF THE COVERING LETTER BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 16.9.2014.

EXT.P13:A TRUE COPY OF THE JUDGMENT IN W.P(C) 26122 OF 2013 DATED 17.6.2014.

EXT.P14:A TRUE COPY OF THE JUDGMENT IN WP(C) NO.24671 OF 2014 DATED 16.10.2014.

EXT.P15:COVERING LETTER ISSUED BY THE 3RD RESPONDENT DATED 23.1.2015.

EXT.P15(a):CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 19.1.2015. EXT.P15(b):CERTIFICATE ISSUED BY CHOONDAL GRAMA PANCHAYATH DATED 14.1.2015.

RESPONDENT'S EXHIBITS:

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

A. MUHAMED MUSTAQUE, J.

------------------------------------------------ W.P.(C) No.7246 of 2015 ------------------------------------------------ Dated this the 10th day of March, 2015

JUDGMENT

The petitioner is the Manager of National L.P. School, Manali, Thrissur. The above school is an aided school. The petitioner submits that he is entitled for upgradation as Upper Primary School. After adverting to the education Rules, an application has been forwarded from lower authority to the Director of Public Instructions. The petitioner submits that his application is still pending with the Director of Public Instructions and the D.P.I is yet to forward the same to the Government. The petitioner points out that considering the ensuing academic year, the petitioner's application has to be considered by the Government at the earliest.

2. In view of the facts and circumstances, there shall be a direction to the Director of Public Instructions to forward the application to the Government at the earliest, at any rate, within a period of two weeks from the date of receipt of a copy of the

W.P.(C) No.7246 of 2015 judgment. Thereafter, the Government shall take appropriate decision in the matter within a further period of six weeks. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

//true copy// P.S. To Judge st/-