High Court of KeralaWP(C)/38765/2015disposed of

P.S.Anil Kumar v. State Of Kerala

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 38765 of 2015 (U) ---------------------------- PETITIONER :

------------------------ P.S.ANIL KUMAR, AGED 48 YEARS, S/O.PURUSHOSTHAMAN NAIR, SREEMANDIRAM, NATTUVANKAVU, PANACODE P.O., THIRUVANANTHAPURAM - 695 542.

BY ADV. SRI.A.S.SHAMMY RAJ RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DISTRICT EDUCATION OFFICER, ATTINGAL EDUCATION DISTRICT, ATTINGAL, THIRUVANANTHAPURAM - 695 101.

3. THE HEADMISTRESS, V.K.KAANI GOVERNMENT HIGH SCHOOL, PANACODE P.O., THIRUVANANTHAPURAM - 695 542.

R1 & R2 BY GOVERNMENT PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 38765 of 2015 (U) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE MINUTES OF THE P.T.A. MEETING DATED 31-7-2015.

EXT.P2:

TRUE COPY OF THE COMPLAINT FILED BY ONE SHOBANA KUMARI BEFORE THE MINISTER OF EDUCATION, DATED 8.8.2015. EXT.P3:

TRUE COPY OF THE MINUTES OF THE P.T.A. MEETING DATED 15-8-2015.

EXT.P4:

TRUE COPY OF THE APOLOGY LETTER DATED 17.8.2015 SUBMITTED BY AADERTON.

EXT.P5:

TRUE COPY OF THE MINUTES OF THE P.T.A. MEETING DATED 20-10-2015.

EXT.P6:

TRUE COPY OF THE COMPLAINT FILED BY P.T.A. BEFORE THE DIRECTOR OF EDUCATION.

EXT.P7:

TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 1.12.2015.

EXT.P8:

TRUE COPY OF THE APPLICATION FORM FOR SCHOOL ADMISSION DATED 9.4.2014.

EXT.P9:

TRUE COPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER, DIRECTORATE OF EDUCATION, THIRUVANANTHAPURAM, DATED 31-7-2014.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No. 38765 of 2015 ****************************************************************************** Dated this the 21st day of December, 2015

JUDGMENT

The petitioner, aggrieved by the order passed by the District Educational Officer in holding that the petitioner is not the parent of any among the student studying in V.K.Kaani Government High School and therefore, cannot continue as a President of the PTA, has approached this Court. The District Educational Officer further ordered that fresh election shall be conducted after convening a meeting.

It is apparent that Ext.P7 was passed without affording an opportunity of hearing to the petitioner. Accordingly, Ext.P7 is quashed. The District Educational Officer is directed to pass fresh orders after hearing the petitioner within two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln