Kerala High Court
M.K. Manojan vs State Of Kerala
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 5TH DAY OF JUNE 2017/15TH JYAISHTA, 1939
WP(C).No. 6126 of 2017 (M)
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PETITIONER(S):
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M.K. MANOJAN,
AGED 49 YEARS, S/O C.KUMARAN MASTER,
CHAIRMAN, E.K.C.M. EDUCATIONAL TRUST,
AROOR P.O., KAKKATTIL VIA,
KOZHIKODE DISTRICT-673 507.
BY ADVS.SRI.V.MADHUSUDHANAN
SRI.PRAMJI PAUL VAZHAPPILLY
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3. THE DISTRICT EDUCATIONAL OFFICER,
VADAKARA, KOZHIKODE DISTRICT-673 504.
BY GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-06-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
WP(C).No. 6126 of 2017 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE NOTIFICATION NO. NS (3)21147/2016/DPI
DATED 11/5/2016 ISSUED BY THE 2ND RESPONDENT
P2 TRUE COPY OF THE OBJECTION DATED 8/7/2016 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
P3 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT
BEFORE THE 2ND RESPONDENT ON 11/7/2016
P4 TRUE COPY OF THE JUDGMENT DATED 5/8/2016 OF THIS HON'BLE
COURT IN WPC NO OF 14250/2016
P5 TRUE COPY OF THE ORDER DATED 29/8/2016 OF THIS HON'BLE
COURT IN IA 13284/2016 IN WPC 14250/2016
P6 TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT
DATED 1/9/2016 BEFORE THE DDE KOZHIKODE.
P7 TRUE COPY OF THE DRAFT NOTIFICATION ISSUED BY THE
2ND RESPONDENT ALONG WITH THE FORWARDING LETTER SUBMITTED
BEFORE THE 1ST RESPONDENT.
P8 TRUE COPY OF THE REVIEW PETITION DTD.24.5.2017 FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT ON 25.5.2017.
P9 TRUE COPY OF THE REPORT DTD.24.4.2017 SUBMITTED BY THE
DISTRICT EDUCATIONAL OFFICER, NADAPURAM BEFORE THE
2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
P.V.ASHA, J.
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W.P.(C). No. 6126 of 2017
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Dated this the 5th day of June, 2017
JUDGMENT
The petitioner is the Chairman of an Educational Trust in Kozhikode, who wanted to establish a High School at Aroor in Kozhikode District, as there is no High School in the neighbourhood and had submitted application for the same. The 2nd respondent had issued a notification Ext.P1 on 11.05.2016, publishing the list of localities having proven educational need. But Aroor area in Purameri Grama Panchayath did not find a place in the lists. As against the non-inclusion of Aroor area in the notification, the petitioner submitted Ext.P2 objection and thereafter the respondents considered the same on the basis of the directions issued by this Court in Ext.P4 judgment dated 05.08.2016 in WPC 14250/2016. Thereafter, the 2nd respondent published a draft notification Ext.P7, in which Aroor area was included in the list of localities where requirement of 8th standard was found. The petitioner points out that when the final notification was issued on 19.05.2017, none of the localities in Kozhikode District is included, despite the report Ext.P6 and draft W.P.(C). No. 6126 of 2017 2 notification. Aggrieved by the same, the petitioner has submitted Ext.P8 review petition submits that Ext.P6 report dated 26.07.2016 and Ext.P9 report dated 24.04.2017 submitted by the District Educational Officer would support the claim that there is educational need for commencement of 8th standard in Aroor area.
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
In view of the above circumstances, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P8 review petition taking into account Exts.P6 and P9 reports submitted by the District Educational Officers, within a period of one month from the date of receipt of a copy of this judgment.
Sd/-P.V.ASHA, Judge lsn