High Court of KeralaWP(C)/19926/2015disposed of

Shihabudheen v. The State Of Kerala

2015-07-02Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).No. 19926 of 2015 (M) ----------------------------------------- PETITIONER(S):

-------------------------- SHIHABUDHEEN AGED 37 YEARS S/O.LATE C.P.UMMER HAJI, MANAGER, CPAUP SCHOOL THIRUVIZHAMKUNNU, MANNARKKAD, PALAKKAD DISTRICT. BY ADVS.SRI.T.C.SURESH MENON SRI.P.S.APPU RESPONDENT(S):

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

1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANATHAPURAM-695 001.

2. THE DIREICTOR OF PUBLIC INSTRUCTIONS THIRUVANATHAPURAM-695 001

3. THE ASSISTANT EDUCATION OFFICER MANNARKKAD, PALAKKAD-678 582.

R BY GOVERNMENT PLEADER, SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19926 of 2015 (M) --------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PTA DATED 25/3/2003.

EXT.P2.

TRUE COPY OF THE RESOLUTION DATED 28/7/2003.

EXT.P3.

TRUE COPY OF THE SURVEY REPORT DATED 31/3/2003. EXT.P4.

TRUE COPY OF THE COVERING LETTER DATED 17/12/2003. EXT.P5.

TRUE COPY OF THE JUDGMENT IN WPC NO.13410/2004 ON THE FILE OF THE HONOURABLE COURT DATED 30/4/2004.

EXT.P6.

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PTA DATED 22/6/2010.

EXT.P7.

TRUE COPY OF THE JUDGMENT IN WPC NO.23940/2011 ON THE FILE OF THE HONOURABLE COURT DATED 29/9/2011.

EXT.P8.

TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 24/1/2012.

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

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 19926 of 2015 ===================================================== Dated this the 2nd day of July, 2015

JUDGMENT

The prayer in the writ petition is for an up-gradation of the School of the petitioner from UP School to the High School. I note in this connection that, in a batch of cases, where up-gradation was sought in terms of the provisions of the Right to Children to Free and Compulsory Education Act, 2009, this Court has disposed those writ petitions with certain directions.

On a consideration of the averments in the writ petition, I am of the view that the petitioner would also be entitled to the benefit of the said judgment. Accordingly, the writ petition is disposed of following the judgment dated 18.6.2015 in W.P.(C).No.3060/2014 and connected cases.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das