S.Shajahan v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 ---------------------------- PETITIONER:

---------- S.SHAJAHAN AGED 49 YEARS MANAGER, MUKKADA L P SCHOOL, CHANAPPARA P O KADAKKAL, KOLLAM DIST, PIN-691536 BY ADVS.SRI.ABRAHAM VAKKANAL (SR.) SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS SRI.ABY ABRAHAM RESPONDENTS:

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1. THE STATE OF KERALA REP BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001

2. DIRECTOR OF PUBLIC NSTRUCTION THIRUVANANTHAPURAM-695001

3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DIST-691009

4. THE DISTRICT EDUCATIONAL OFFICER PUNALUR, KOLLAM DIST, 691001

5. THE ASSISTANT EDUCATION OFFICER CHADAYAMANGALAM, KOLLAM DIST-691112 R BY GOVERNMENT PLEADER(SR): ADV.SRI.M A FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- P1:-TRUE COPY OF THE ORDER OF 2ND RESPONDENT DTD 6/3/2012 P2:-TRUE COPY OF THE RESOLUTION OF THE ITTIVA GRAMA PANCHAYATH DTD 29/5/2000 P3:-TRUE COPY OF THE PROPOSAL OF 5TH RESPONDENT ALONGWITH PREFORMA SURVEY REPORT DTD 21/6/2002 P4:-TRUE COPY OF THE COMMUNICATION FROM GOVERNMENT DTD 3/6/2002 P5:-TRUE COPY OF THE APPLICATION FOR UPGRADATION GIVEN BY THE PETITIONER DTD 21/3/2013 P6:-TRUE COPY OF THE ORDER OF 2ND RESPONDENT DTD 24.4.2013 P7:-TRUE COPY OF THE GOVERNMENT ORDER DTD 16/11/2013 P8:-TRUE COPY OF THE GOVERNMENT ORDER DTD 11/2/2013 P9:-TRUE COPY OF THE JUDGMENT IN WPC NO 26133/2014 DTD 9/10/2014 P10:-TRUE COPY OF THE GO RT NO 1257/2015.G.

EDN DTD 27/3/2015 P11:-TRUE COPY OF THE CERTIFICATE FROM THE SCHEDULE CASTE DEVELOPMENT OFFICER DTD 6/4/2015 P12:-TRUE COPY OF THE CERTIFICATE FROM HEAD MASTER DTD NIL P13:TRUE COPY OF THE CERTIFICATE FROM MUKKOOTTIL MUSLIM JAMA-ATH DTD 20/2/2015 P14:-TRUE COPY OF THE CERTIFICATE FROM THUDAYANNUR AND THEKKIL MUSLIM JAMA-ATH DTD 20/2/2015 P15:-TRUE COPY OF THE GO RT NO 4340/06/G EDN DTD 5/10/2006 P16:-TRUE COPY OF THE GO MS NO 155/2012/G.

P22:-TRUE COPY OF THE REVIEW PETITION FILED BY PETITIONER BEFORE THE IST RESPONDENT DTD 29/3/2015 P23:-TRUE COPY OF THE REPORT OF 5TH RESPONDENT TO THE IST RESPONDENT DTD 19/1/2015 RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.11893 of 2015 ============================ Dated this the 09th day of April, 2015

JUDGMENT

Petitioner approached the Government by Ext.P22 review under Rule 2B of Chapter V of the Kerala Education Rules in the matter relating to upgradation of aided L.P School as U.P School. Learned counsel for the petitioner submits that the school was closed for summer holidays and transfer certificate has been issued to several students who have completed the 4th standard and hence P22 may be given urgent consideration by the first respondent. Petitioner also relies on certain additional materials substantiating his contentions in support of his claim for upgradation. 2.

In view of pendency of Ext.P22 and in the light of urgency urged before this Court, I am of the view, Ext.P22 may be considered within a period of four weeks from the date of receipt of a copy of this judgment after affording an opportunity of hearing to the petitioner. Petitioner shall appear before the Secretary concerned on 28.04.2015. Petitioner shall also make available a copy of the Writ Petition.

The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/13/04/15