Kerala High Court
St. Thomas High School vs The State Of Kerala on 17 September, 2021
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) NO. 10854 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
WP(C) NO. 10854 OF 2021
PETITIONER:
ST. THOMAS HIGH SCHOOL
TOTTAKKADU, KOTTAYAM DISTRICT-686 539, REPRESENTED
BY ITS MANAGER
BY ADV V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
VAYASKARAKUNNU, NEAR PULIMOODU JUNCTION, KOTTAYAM
DISTRICT-686 001
4 THE DISTRICT EDUCATIONAL OFFICER,
THIRUNAKKARA, KOTTAYAM DISTRICT-686 001
5 THE HEADMASTER,
ST.THOMAS HIGH SCHOOL, TOTTAKKADU, KOTTAYAM
DISTRICT-686 539
SMT NISHA BOSE SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10854 OF 2021 2
JUDGMENT
The St.Thomas High School, Thottakkadu is an aided school situated in the Kottayam Educational district. The headmaster of the school submitted a detailed representation before the 4th respondent seeking recognition of the newly started English Medium parallel division in the school. The petitioner contends that the request made was rejected by Ext.P8 order on the ground that the staff fixation for 2019-20 shall be applied for the academic year 2020- 21 as per the Government decision dated 22.01.2021. Being aggrieved and seeking intervention by the Government the petitioner is stated to have preferred Ext.P9 revision petition under Rule 12F of Chapter XXIII of the KER. It is in the afore circumstances the petitioner is before this Court seeking directions.
2. Though various other reliefs are claimed, Sri. M.Sajjad, the learned counsel appearing for the petitioner, submitted that the petitioner would be satisfied if necessary directions are issued to the 1st respondent to consider Ext.P9 revision petition and pass appropriate orders in an expeditious manner with due notice.
3. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by WP(C) NO. 10854 OF 2021 3 issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P9 as per procedure and in strict adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or their authorised representative.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C) NO. 10854 OF 2021 4 APPENDIX OF WP(C) 10854/2021 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020 DATED 18.07.2019 OF THE DEO, KOTTAYAM EXHIBIT P2 TRUE COPY OF THE G.O(MS) NO.156/12/G.EDN DATED 22.05.2012 OF THE GOVT EXHIBIT P3 TRUE COPY OF THE LIST OF 62 STUDENTS EXHIBIT P4 TRUE COPY OF THE LIST OF STUDENTS ENROLLED IN STANDARD IX EXHIBIT P5 TRUE COPY OF THE LIST OF STUDENTS ENROLLED IN STANDARD X EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, KOTTAYM BY THE HEADMASTER DATED 19.11.2020 EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.26491/2020 DATED 08.12.2020 EXHIBIT P8 TRUE COPY OF THE ORDER NO.B5/4336/2020 DATED 20.02.2021 OF THE DEO, KOTTAYAM EXHIBIT P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 21.04.2021 EXHIBIT P10 TRUE COPY OF THE MID DAY MEAL SCHEME DETAILS OF BENEFICIARIES FOR THE YEAR 2020-2021 OF SCHOOL RESPONDENTS' EXHIBITS:
NIL