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High Court of KeralaWP(C)/17868/2015disposed of

S. Savin v. The State Of Kerala

2015-06-24Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 WP(C).No. 17868 of 2015 (G) --------------------------------------- PETITIONER(S):

-------------------------- S. SAVIN AGED 40 YEARS SON OF P.K.SUKUMARAN, STAFF SECRETARY M K N HIGHER SECONDARY SCHOOL, KUMARAMANGALAM P.O.THODUPUZHA, IDUKKI-685 608.

BY ADVS.SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENT(S):

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

1. THE STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF 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 IDUKKI AT THODUPUZHA-685 584.

4. THE DISTRICT EDUCATIONAL OFFICER THODUPUZHA, IDUKKI DISTRICT. 685 584.

5. THE MANAGER ST.RITA'S HIGH SCHOOL, MYLACOMP, THODUPUZHA IDUKKI DISTRICT-685 584.

R BY GOVERNMENT PLEADER, SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17868 of 2015 (G) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1TRUE COPY OF THE JOINT MEMORANDUM SUBMITTED BEFORE THE GOVERNMENT DATED 26.05.2015 WITHOUT ANNEXURE. EXT. P2TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXHIBIT P1 DATED 26.05.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 17868 of 2015 ===================================================== Dated this the 24th day of June, 2015

JUDGMENT

The petitioner, who is the Staff Secretary of MKNM Higher Secondary School, Kumaramangalam, is aggrieved by the shifting of the St.Rita's High School, Mylacomp in Thodupuzha, to Painkulam in Thodupuzha. It is the case of the petitioner that earlier, the 5th respondent School was functioning as a Girls High School and thereafter it was shifted from the location at Painkulam to the location at Mylacomp, where it was functioning as a mixed school. Thereafter, the 5th respondent has taken steps to get the school shifted back to Painkulam, in which event, it will prejudice the interest of the petitioner, since there will be two mixed schools in immediate proximity of each other, when there is no educational need to accommodate both the schools. In connection with the said grievance, the petitioner has preferred Ext.P1 representation, together with Ext.P2 stay petition before the 1st respondent. The limited prayer in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P2 stay petition, expeditiously.

2.

I have heard Sri.V.A.Muhammed, the learned counsel for the petitioner and also the learned Government Pleader for the

-2W.P.(C). No. 17868 of 2015 respondents.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P2 stay petition, within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner and the 5th respondent. The petitioner shall produce a copy of the writ petition together a copy of this judgment before the 1st respondent, for further action.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das