Thulasidharan Potti V. v. Kuzhimathikcaud Government Higher Secondary School
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 --------------------------------------- PETITIONER(S):
----------------------- THULASIDHARAN POTTI V., S/O.DEVARU VASUDEVARU, VALIYAMADOM, KUZHIMATHICAUD, KOLLAM-691 509.
BY ADVS.SRI.ABDUL JALEEL.A SMT.M.A.SULFIA RESPONDENT(S):
-------------------------
1. KUZHIMATHICAUD GOVERNMENT HIGHER SECONDARY SCHOOL, KUZHIMATHICAUD, KOLLAM, REPRESENTED BY HEAD MISTRESS. PIN - 691 509.
2. HEAD MISTRESS, KUZHIMATHICAUD GOVERNMENT HIGHER SECONDARY SCHOOL, KUZHIMATHICAUD, KOLLAM - 691 509.
3. PARENT TEACHERS ASSOCIATION COMMITTEE, KUZHIMATHICAUD GOVERNMENT HIGHER SECONDARY SCHOOL, REPRESENTED BY ITS PRESIDENT VIJAYA KUMAR, PIN - 691 509.
4. VIJAYA KUMAR, PARENT TEACHERS ASSOCIATION PRESIDENT, KUZHIMATHICAUD GOVERNMENT HIGHER SECONDARY SCHOOL, KUZHIMATHICAUD, KOLLAM,PIN - 691 509.
5. THE HIGHER SECONDARY REGIONAL DEPUTY DIRECTOR, PALAYAM, THIRUVANANTHAPURAM, PIN - 695 003.
6. THE DEPUTY DIRECTOR, OFFICE OF THE EDUCATION DEPARTMENT, PALAYAM, THIRUVANANTHAPURAM, PIN - 695 003.
7. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE EDUCATION DEPARTMENT, JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695 003.
R4 BY ADV. SRI.R.PUSHPANGATHAN PILLAI R5-R7 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.TRUE COPY OF THE NOTICE FOR THE ANNUAL GENERAL MEETING AND ELECTION DATED 29/9/2015.
EXT.P2.TRUE COPY OF THE REPRESENTATION DATED 5/10/2015 FILED BEFORE THE 5TH RESPONDENT EXT.P3.TRUE COPY OF THE REPRESENTATION DATED 7/10/2015 FILED BEFORE THE 6TH RESPONDENT EXT.P4.TRUE COPY OF THE REPRESENTATION DATED 8/10/2015 FILED BEFORE THE 7TH RESPONDENT EXT.P5.TRUE COPY OF THE G.O.(P) NO.126/07/GENERAL EDUCATION DEPARTMENT DATED 25/6/2007.
EXT.P6.TRUE COPY OF THE COMPLAINT DATED NIL FILED BEFORE THE 6TH RESPONDENT.
EXT.P7: TRUE COPY OF IDENTITY CARD ISSUED TO PETITIONER'S SON GOUTHAM T. DEVARU.
EXT.P8: TRUE COPY OF ORDER ISSUED BY DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.
EXT.P9: TRUE COPY OF THE GUIDELINES ISSUED BY 7TH RESPONDENT BEARING NO.H.1/38613/12/DPI DTD.20.6.2012.
EXT.P10: TRUE COPY OF MINUTES OF THE EXECUTIVE COMMITTEE MEETING CONVENED ON 18.9.2015.
EXT.P11: TRUE COPY OF THE REPRESENTATION SUBMITTED BY 4TH RESPONDENT AND HIS ACCOMPLICE.
RESPONDENT(S)' EXHIBITS:
----------------------------------------- EXT.R4(a): RELEVANT PAGES FROM THE NOTICE BOOK CONTAINING THE NOTICE. EXT.R4(b): A TRUE COPY OF THE COMMUNICATION DTD.28.9.2015. EXT.R4(c): A TRUE COPY OF THE NOTN CONFIDENCE MOTION DTD.8.9.2015. EXT.R4(d): A TRUE COPY OF THE COMPLAINT ADDRESSED TO THE DPI DTD.17.8.2015.
Msv/ -2-
-2- --------------------------------------- EXT.R4(e): A DETAILED COMPLAINT BEFORE THE HON'BLE CHIEF MINISTER WITH COPY MARKED TO ALL CONCERNED.
EXT.R4(f): A LIST OF ATTENDANCE.
EXT.R4(g): TRUE COPY OF REPRESENTATION DTD.17.10.2015 SUBMITTED BY THE PTA COMMITTEE BEFORE THE 5TH RESPONDENT.
EXT.R4(h): A TRUE COPY OF THE LIST OF ATTENDANCE ON 30.12.2014. EXT.R4(i): A TRUE COPY OF THE MINUTES OF THE ANNUAL GENERAL BODY MEETING HELD ON 6.10.2015 WHICH ELECTED THE NEW OFFICES BEARERS.
EXT.R4(j): A TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT.
EXT.R4(k): TRUE COPY OF REPRESENTATION DTD.6.5.2015 BY THE STAFF COUNCIL TEACHERS TOT HE 7TH RESPONDENT.
EXT.R4(l): TRUE COPY OF RECENT BILL SHOWING HIKE IN THE ELECTRICAL CHARGES CAN BE SEEN FROM BILL NO.930127 SUBMITTED BEFORE THE MINISTER WITH COPY TO MLA.
EXT.R4(m): A TRUE COPY OF COMPLAINT DTD.14.9.2015 SUBMITTED BEFORE THE MINISTER WITH COPY TO MLA.
EXT.R4(n): TRUE COPY OF THE MINUTES OF THE MEETING SHOWING THE PROTEST. EXT.R4(o): TRUE COPY OF NEWSPAPER REPORT DTD.5.11.2015 OF MALAYALA MANORAMA DAILY ALONG WITH NOTICE OF THE MELA. EXT.R4(p): TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY DTD.13.10.2015. //TRUE COPY// P.S.TO JUDGE Msv/
A.MUHAMED MUSTAQUE, J.
***************************************************************************** W.P.(C) No.32037 of 2015 ****************************************************************************** Dated this the 24th day of November, 2015
JUDGMENT
The petitioner approached this Court with the following reliefs:
i. Issue a writ of certiorari or any other appropriate writ or orders to declare that the General Body Meeting which was convened on 6.10.2015 is in violation of Ext.P5 and to declare the same as illegal and void.
ii. Issue a writ of mandamus or any other appropriate writ or orders or direction to respondents 5-7 to conduct a new General Body meeting of the PTA and to elect the new members accordingly and as per Ext.P5 at the earliest.
2.
The petitioner claims that he was elected as PTA President. He challenges the General Body meeting held on 6.10.2015 to elect a new committee. According to the petitioner, this is in violation of Ext.P5 order of the Director of Public Instructions.
W.P.(C) No.32037 of 2015 2 3.
This Court is of the view that if the petitioner has any grievance, he is free to raise the same before the Director of Public Instructions. This Court need not interfere with any meeting convened for electing new members.
4.
The petitioner already approached the 7th respondent by Ext.P4 representation before the Director of Public Instructions. There shall be a direction to the Director of Public Instructions to consider Ext.P4 after hearing the petitioner as well as newly elected PTA. Needful shall be done within two months from the date of receipt of a copy of this judgment. It is also open for the petitioner to approach the Director of Public Instructions for an interim order in this matter.
With the above liberty, the writ petititon is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE ln