Kerala High Court
M.I.Cheriya Koya vs The Administrator on 12 December, 2011
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
SATURDAY, THE 5TH DAY OF OCTOBER 2013/13TH ASWINA, 1935
WP(C).No. 24420 of 2013 ()
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PETITIONER(S):
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1. M.I.CHERIYA KOYA
S/O.LATE KIDAVU KOYA, MEPPADA ILLAM, AGATHI ISLAND
UNION TERRITORY OF LAKSHADWEEP.
2. MOHAMMED ASLAM K.P.
S/O.CHERIYA KOYA,
-DO- -DO-
BY ADV. SRI.T.H.ABDUL AZEEZ
RESPONDENT(S):
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1. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP
KAVARATHI ISLAN-682555.
2. THE DIRECTOR OF EDUCATION
DIRECTOR OF EDUCATION, UNION TERRITORY OF KAKSHDWEEP
KAVARATHI ISLAND, PIN 682555.
3. THE EDUCATIONAL OFFICER
LAKSHADWEEP ADMINISTRATIVE OFFICE, WILLINGTON ISLAND
INDIRA GANDHI ROAD, KOCHI-3.
BY SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-10-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 24420 of 2013 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: TRUE COPY OF THE CERTIFICATE ISSUED BY AL AMEEN PUBLIC
SCHOOL SHOWING THE COURSE OF STUDY OF THE PETITIONER'S SON.
EXHIBIT-P2: TRUE COPY OF APPLICATIONS FOR EDUCATION CONCESSION
FOR LAKSHADWEEP STUDENTS TO HIS SON MOHAMMED ASLAM IN THE
PRESCRIBED FORMS ATTESTED BY THE PRINCIPAL OF AL-AMEEN PUBLIC
SCHOOL.
EXHIBIT-P3: TRUE COPY OF CERTIFICATE ISSUED BY THE MANAGER OF THE
AL-AMEEN PUBLIC SCHOOL.
EXHIBIT-P4: A TRUE COPY OF THE REPRESENTATION TO THE 3RD
RESPONDENT THROUGH THE PRINCIPAL, AL-AMEEN PUBLIC SCHOOL
REQUESTING TO REIMBURSE THE AMOUNTS PAID TO THE SCHOOL TOWARDS
SCHOOL FEES AND HOSTEL FEES FOR THE ACADEMIC YEAR 2006-07, 2007-
08, 2008-09 & 2009-10 IN CLASSES VII TO X.
EXHIBIT-P4(A):A TRUE COPY OF THE REPRESENTATION DATED 12.12.2011
TO THE 3RD RESPONDENT THROUGH THE PRINCIPAL, AL-AMEEN PUBLIC
SCHOOL REQUESTING TO REIMBURSE THE AMOUNTS PAID TO THE SCHOOL
TOWARDS SCHOOL FEES AND HOSTEL FEES FOR THE ACADEMIC YEAR 2010-
11 & 2011-12 IN CLASSES XII AND XII.
EXHIBIT-P5: TRUE COPY OF OFFICE MEMORANDUM DATED 21.05.2010
ISSUED BY 2ND RESPONDENT.
EXHIBIT-P6: TRUE COPY OF THE OFFICE ORDER DATED 10.2.2007 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION IN OCTOBER, 2012 TO
THE 1ST RESPONDENT ISSUED BY THE PETITIONER.
EXHIBIT-P8: TRUE COPY OF OFFICE ORDER DATED 28.1.2012 OF THE 2ND
RESPONDENT.
EXHIBIT-P8(A): TRUE COPY OF OFFICE MEMORANDUM DATED 20.10.2011
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT-P8(B): TRUE COPY OF THE LETTER DATED 07.07.2012 SENT BY THE
3RD RESPONDENT TO THE PRINCIPAL COLLEGE OF VETERINARY AND
ANIMAL SCIENCE, LAKKIDI.
EXHIBIT-P9: TRUE COPY OF REPRESENTATION DATED 14.12.2012
SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
dlk
C.T.RAVIKUMAR, J
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W.P.(C) No. 24420 of 2013
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Dated this the 5th day of October, 2013
JUDGMENT
This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondent to consider and pass appropriate orders on Ext.P2 series of applications and to reimburse the amounts mentioned in Ext.P3 certificate, expeditiously. Originally, this writ petition was filed by the father of one Mohammed Aslam who had undergone his school education from VIII to XII classes in Al Ameen Public School, Edappally. He belongs to Scheduled Tribe community. In case of Scheduled Tribe students of Lakshadweep Islands studying in the mainland on account of non-availability of a particular course in the Islands they are entitled to get educational concessions from the Government. While undergoing his studies the school fee and hostel fees were paid by the petitioner. The registry noted a defect to the effect that since the said student viz., Mohammed Aslam is a major,the writ petition W.P.(C) No. 24420 of 2013 2 cannot be filed in representative capacity styling Mohammed Aslam as a minor. Subsequently, appropriate petition was filed and the petitioner's son was brought in the array of petitioners and in fact, he is the second petitioner in this writ petition. The learned counsel for the petitioner submitted that it is correct to say that in the case of Scheduled Tribe students of Lakshadweep who undergo studies in the main lands on account of a non- availability of such a course in Islands they are entitled to get educational concession from the Government of India. It is further submitted that however, in this case no proper application was submitted by Mohammed Aslam, the student who underwent the studies in the main land and in fact, such applications were submitted only by the first petitioner. It is also submitted that in case the second petitioner submits appropriate petitions seeking for reimbursement of the amount paid on his behalf towards the school fee and hostel fees appropriate orders can be passed thereon, in accordance with law. In the said circumstances, this writ petitioner is disposed of with liberty to the second petitioner to move appropriate petitions seeking for W.P.(C) No. 24420 of 2013 3 reimbursement of the school fee and hostel fees paid on his behalf for the purpose of undergoing school education from VIII- XII, in accordance with law along with relevant documents. In case the second petitioner files such an application the same shall be considered expeditiously and in accordance with law, at any rate, within a period of two months from the date of receipt of a copy of receipt of such application.
Sd/-
C.T.RAVIKUMAR,JUDGE.
dlk