St. Marys English Medium L.P. School vs State Of Kerala on 12 November, 2019

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Kerala High Court

St. Marys English Medium L.P. School vs State Of Kerala on 12 November, 2019

Bench: Shaji P.Chaly

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

   TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941

                       WP(C).No.30314 OF 2019(L)


PETITIONER/S:

                ST. MARYS ENGLISH MEDIUM L.P. SCHOOL
                VETTITHITTA.P.O., PUNALOUR, KOLLAM-689696 REPRESENTED
                BY ITS MANAGER, FR.JOHN KUTTIYIL

                BY ADVS.
                SRI.JOSE ABRAHAM(J-1406)
                SRI.MANU SRINATH
                SRI.N.RAGESH

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
                GENERAL EDUCATION DEPARTMENT,
                THIRUVANANTHAPURAM-695001

      2         DIRECTOR OF GENERAL EDUCATION
                GENERAL EDUCATION DEPARTMENT JAGATHI,
                THIRUVANANTHAPURAM-695014

      3         DISTRICT EDUCATION OFFICER
                PUNALUR, NELLIPALLY.P.O., KOLLAM, KERALA-691331

                R1 TO R3 SRI P,M MANOJ, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 2

WP(C).No.30314 OF 2019(L)




                          JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

"i) To issue a writ of certiorari or any other appropriate writ to quash Ext.P3 order issued by the respondent No.3;

ii) To issue a writ of mandamus or any other appropriate writ to direct or command the respondent no.3 to accept and re-consider the Ext.P3 applicatio for recognition submitted by the petitioner school upon its resubmission after curing the defects and pass appropriate orders on them within a short time frame to be decide by this Hon'ble Court."

2. Petitioner a Christian Minority School conducting elementary education in Kerala following State Syllabus, seeking recognition for the school an application was submitted before the educational authorities. However, the same was declined as per Ext.P3 stating that, the application is defective. According to the petitioner, the cut off date for submitting the application was 31.05.2019 3 WP(C).No.30314 OF 2019(L) and within which date petitioner has submitted the application. According to the petitioner, thereafter petitioner has cured the defect. However, the application is not being received on the ground that, the defect was cured after the cut off date. The issue was considered by a learned Single Judge of this Court in W.P.(c) No.24330/2019 and has rendered Ext.P7 judgment, whereby it was held that since the cut off date fixed is not a statutory one, the Government is at liberty to receive the application and consider the same in accordance with law. I am inclined to follow the directions contained therein.

3. In that view of the matter after hearing learned counsel for the petitioner and the learned senior Government Pleader, this writ petition is disposed of, directing the 3rd respondent to accept the application submitted 4 WP(C).No.30314 OF 2019(L) by the petitioner, if already the defects noted in Ext.P3 is cured and consider the same in accordance with law, unmindful of the fact that the cut off date was 31.05.2019 at the earliest and at any rate, within one month from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioner.

The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY JUDGE hmh 5 WP(C).No.30314 OF 2019(L) APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.45/2019/GEDN DATED 22.05.19 ISSUED BY THE GENERAL EDUCATION DEPARTMENT OF STATE OF KERALA EXHIBIT P2 TRUE COPY OF THE COVERING LETTER TO THE APPLICATION DATED 28.05.2019 SUBMITTED UNDER EXT.P1 GO BY THE PETITIONER NO.1 BEFORE THE 3RD RESPONDENT DEO EXHIBIT P3 THE TRUE COPY OF IMPUGNED ORDER DATED 20/06/2019 PASSED BY THE 3RD RESPONDENT HEREIN-DISTRICT EDUCATIONAL OFFICER, PUNALUR EXHIBIT P4 TRUE COPY OF THE WATER ANALYSIS CERTIFICATE DATED 11.07.2019 EXHIBIT P5 TRUE COPY OF THE FIRE SAFETY CERTIFICATE DATED 24.08.2019 EXHIBIT P6 TRUE COPY OF TAX RECEIPT DATED 21.06.2019 EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 25.09.2019 PASSED BY THIS HON'BLE COURT IN WP(C0NO.24330 OF 2019 RESPONDENT'S/S EXHIBITS: NIL

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