Kerala High Court
E.K.Anilan vs The State Of Kerala on 3 December, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942
WP(C).No.20134 OF 2020(N)
PETITIONER:
E.K.ANILAN, AGED 52 YEARS
S/O. KUTTAPPAN, RESIDING AT ELAVANAPARAMBIL,
ANNAMMANADA, MALA-680 741
BY ADVS.
SRI.MANU GOVIND
SRI.A.JAYASANKAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY GENERAL EDUCATION (N)
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
[email protected]
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014,
DIRECTOR.GE@KERALA GOV.IN
3 THE VIVEKODAYAM VIDYAMANDIR,
ANNAMMANADA, THRISSUR-680 741,
[email protected]
4 THE CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA,II, COMMUNITY CENTRE, PREETH VIHAR,
DELHI-110 092, REPRESENTED BY ITS SECRETARY
(AFFILIATION)
5 REGIONAL CENTRE,
CENTRAL BARD OF SECONDARY EDUCATION, REGIONAL OFFICE
OF CBSE, THIRUVANANTHAPURAM REGION,.BLOCK-B, 2ND
FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695 004, KERALA
ADDL. 6 SREE NARAYANA DHARMA PARIPALAN YOGAM
PARIPALANA YOGAM NO.190/76, ANNAMANADA REPRESENTED BY
ITS PRESIDENT, A.C.SREEDHARAN, AGED 69 YEARS, RETIRED
TEACHER, S/O.A.C.CHENNAN, RESIDING AT ATHIYARATH
HOUSE, ANNARA P.O., PALAYAMPARAMBU, KADUKUTTY
WP(C).No.20134 OF 2020(N)
VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN-
680741.
(IMPLEADED AS ADDL.R6 AS PER ORDER DATED 13.11.2020
IN I.A.01/2020).
SRI.K.S.BABU
SMT.N.SUDHA
SRI.BABU SHANKAR
SRI.NIRMAL S., SC, CBSE
SRI.ANTONY MATHEW
SRI.RICHIN MATHEW
SRI. BIJOY CHANDRAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20134 OF 2020(N)
JUDGMENT
Dated this the 3rd day of December 2020 The petitioner has approached this Court impugning Ext.P5 order of the Government granting "No Objection" to the third respondent - School so as to enable them to apply for affiliation with the fourth respondent - Central Board of Secondary Education.
2. The petitioner's specific allegation is that the School does not have the requisite extent of land, as is required for applying for affiliation with the CBSE and that they have manipulated their title documents to show otherwise. He says that, therefore, he has already preferred Ext.P6 representation before respondents 1 and 2, requesting that Ext.P5 be withdrawn. The petitioner alleges that in spite of this, the third respondent is now going ahead to seek affiliation with the CBSE and therefore, prays that Ext.P5 be set aside.
3. When this matter was considered by me on 20.10.2020, on hearing the learned counsel for the petitioner, Sri.Manu Govind, I had directed the learned standing counsel for the CBSE to verify the status of the application for affiliation made WP(C).No.20134 OF 2020(N) by the third respondent. The learned standing counsel, Sri.S.Nirmal, then submitted that the CBSE had constituted an Enquiry Committee to verify the infrastructure of the School and that the same is yet not complete.
4. Today when this matter was called, Sri.S.Nirmal submitted that a statement has been filed on record stating that the third respondent lacks in essential infrastructure and therefore, that their application for affiliation has not been considered. He submitted that the School has also been strongly instructed not to admit any student until affiliation is obtained from the CBSE and therefore, that the petitioner cannot have any grievance left in this writ petition. To a pointed question, Sri.S.Nirmal submitted that if this Court is so inclined, the CBSE is also willing to hear the petitioner, as and when a fresh application is made by the third respondent seeking affiliation.
5. When I consider the afore submissions, it is indubitable that the petitioner's grievance is that the third respondent is attempting to seek affiliation of the CBSE even without having necessary infrastructure and that they are trying to show otherwise by manipulating the title documents. Ineluctably WP(C).No.20134 OF 2020(N) therefore, when the CBSE considers their application for affiliation, if the petitioner is also given an opportunity of being heard, certainly he will be able to place all these aspects before the CBSE appropriately.
I am, therefore, of the view that it will not be necessary to keep this writ petition any longer and that the mere issuance of Ext.P5 - NOC by the Government would not be of any prejudice to the petitioner, as long as the CBSE considers the infrastructural requirement of the school as per the Affiliation Bye-laws.
In the result, this writ petition is ordered, directing the CBSE to hear the petitioner, after allowing him to place his version on record, before any affiliation is granted to the third respondent - School in terms of the Affiliation Bye-laws.
Sd/- DEVAN RAMACHANDRAN
stu JUDGE
WP(C).No.20134 OF 2020(N)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF GO(MS) NO. 22/2019/G.EDN DATED
01.03.2020.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF CBSE
AFFILIATION BYE-LAWS 2018 CONTAINING 3.1 TO 3.4.7 EXHIBIT P3 TRUE COPY OF LEASE DEED DATED 05.02.2010 REGISTERED BEFORE SRO, ANNAMMANADA AS 259/1/10 EXHIBIT P4 TRUE COPY OF THE LETTER NO. INS 4.4427/2019 DATED 11.12.2019 ISSUED BY DISTRICT REGISTRAR (GENERAL), THRISSUR.
EXHIBIT P5 TRUE COPY OF GO(MS) NO.143/2020/G.EDN DATED 24.08.2020 ALONG WITH ITS RETYPED COPY. EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 01.09.2020 FROM PETITIONER TO RESPONDENTS 1 AND 2. RESPONDENT'S EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE TRUST DEED DATED 05.01.2009 OF THE THIRD RESPONDENT TRUST.
EXHIBIT R3(B) TRUE COPY OF THE RECTIFICATION DEED REGISTERED AS DOCUMENT NO.127/IV/2009 DATED 21.08.2009 OF THE SUB REGISTRY OFFICE, MALA.
EXHIBIT R3(C) TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY OF ANNAMANADA PANCHAYAT TO THE THIRD RESPONDENT.
EXHIBIT R3(D) TRUE COPY OF THE APPROVED PLAN ISSUED BY ANNAMANADA PANCHAYAT TO THE THIRD RESPONDENT.
EXHIBIT R6(A) TRUE COPY OF THE MINUTES OF THE SNDP YOGAM COUNCIL DATED 15.5.2013 WP(C).No.20134 OF 2020(N) EXHIBIT R6(B) TRUE COPY OF THE EXTRACT THANDAPER REGISTER OF THADAPER ACCOUNT NO 7184 FOR THE PERIOD FROM 2012 TO 2020 EXHIBIT R6(C) PRIOR TO THE SAME THE THANDAPER NUMBER WAS UNDER THANDAPER ACCOUNT NO 1629 OF KALLOOR TEKKUMMURI VILLAGE. TRUE COPY OF THE EXTRACT OF THANDAPER REGISTER OF THANDAPER ACCOUNT NO 1629 FOR THE PERIOD FROM 1992 TO 2012 EXHIBIT R6(D) TRUE COPY OF THE TAX RECEIPT NO KL08060804977/2020 FOR AN EXTENT OF 76.68 ARES OF LAND EXHIBIT R6(e) THE ADDITIONAL 6TH RESPONDENT ALSO PAYING TAX FOR AN EXTENT OF 4.9 ARES OF LAND TO THE SAME VILLAGE OFFICE, TAX RECEIPT NO KL08060804969/2020 DATED 30.10.2020 FOR AN EXTENT OF 4.9 ARES OF LAND EXHIBIT R6(f) THE ADDITIONAL 6TH RESPONDENT HAD OBTAINED POSSESSION CERTIFICATE DATED 22.2.2020 FOR THE SAID PROPERTIES. TRUE COPY OF THE POSSESSION CERTIFICATE DATED 22.2.2020 ISSUED BY THE VILLAGE OFFICE, KALLOORTHEKKUMURI VILLAGE EXHIBIT R6(G) TRUE COPY OF THE COMPLAINT SUBMTTED BY THE PETITIONER AND 4 OTHERS TO THE 2ND RESPONDENT