Kerala High Court
Sudheesh V vs State Of Kerala on 21 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:63376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
WP(C) NO. 29243 OF 2025
PETITIONER:
SUDHEESH V
AGED 49 YEARS, S/O.VASUDEVAN CHETTIYAR,
MANAGER, L.V.U.P.S., MUZHANGODI, THODIYOOR P.O.,
KARUNAGAPPALLY KOLLAM, RESIDING AT PRIYADARSINI,
MUZHANGODI, THODIYOOR P.O.,
KARUNAGAPPALLY KOLLAM, PIN - 690523.
BY ADVS.
SHRI.B.MOHANLAL
SMT.P.S.PREETHA
SHRI.ASWIN V. NAIR
SHRI.KARTHIK J SEKHAR
SHRI.MOTTY JIBY VASUDEVAN
SHRI.ABIJITH M.
SMT. AVANI NAIR
SMT.JAYAPRABHA ARJUN
SMT.PRAVEENA T.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
W.P.(C)No.29243 of 2025
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2025:KER:63376
2 THE DIRECTOR OF GENERAL EDUCATION
GENERAL EDUCATION DEPARTMENT, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
GENERAL EDUCATION DEPARTMENT, THEVALLY P.O.,
KOLLAM, PIN - 691009.
4 THE ASSISTANT EDUCATIONAL OFFICER
KARUNAGAPPALLY, KARUNAGAPPALLY P.O.,
KOLLAM, PIN - 690518.
BY ADV.SMT. K. AMMINIKUTTY,
SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 21st day of August, 2025 The petitioner is the Approved Manager of Aided School L.V.U.P.S., Muzhangodi, Thodiyoor, Kollam under the Administrative jurisdiction of the 4th respondent-Educational Officer. The School of the petitioner is established by the predecessors in interest during 1950 with LP Section. It was upgraded as UP School during 1975. It is an old School functioning for the last 75 years.
2. The petitioner is having sufficient student strength and teacher-student ratio, having all necessary physical requirements for establishing adding / upgrading and is entitled to get sanction for Standard VIII in the School in view of the Right of Children to Free and Compulsory Education Act 2009 and the Rules 2011. The petitioner submitted Ext.P1 application in compliance of the Gazette W.P.(C)No.29243 of 2025 :4: 2025:KER:63376 notification dated 25.05.2016 issued as per the directions in the judgment in the Manager L.P.G.S. Veliyam, Kollam Vs. State of Kerala and others [2015 (3) KHC 703].
3. In obedience to the direction of this Court in the judgment, the 1st respondent passed Ext.P3 order in which the name of the petitioner's School was included at serial No.78. Exts.P5 and P6 are the 6 th working day report, UID and staff fixation order of the School managed by the petitioner for the Academic Year 2025-'26. There exist 656 students studying in Class I to VII. The petitioner has sufficient physical infrastructure requirements for adding / upgrading Standard VIII in the School.
4. The respondents ought to have complied their statutory obligation to add / upgrade VIII Standard to the petitioner as per the provisions of the Right to Children to Free and Compulsory Education Act 2009 and Rules 2011. Despite after receipt of Ext.P4 application, the respondents W.P.(C)No.29243 of 2025 :5: 2025:KER:63376 have not taken any steps to comply with their obligation in Ext.P3, contends the petitioner.
5. I have heard the learned Counsel for the petitioner and the learned Senior Government Pleader representing the respondents.
6. Taking into consideration the fact that the issue is relating to the upgradation of the School to include Standard VIII, I am of the view that the 1 st respondent can consider Ext.P4 representation submitted by the petitioner and take appropriate decision thereon.
The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P4 application submitted by the petitioner and take appropriate decision thereon in accordance with law within a period of three months after giving an opportunity of hearing to the petitioner.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.29243 of 2025 :6: 2025:KER:63376 APPENDIX OF WP(C) 29243/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE APPLICATION DATED 22/6/2016 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P2 THE TRUE COPY OF THE NOTICE NO.NS(3)/21147/2016/DPI DATED 27/9/2016 ISSUED BY THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF G.O(RT)NO.1813/2017/ G.EDN., DATED 9/6/2017 Exhibit P4 THE TRUE COPY OF THE APPLICATION DATED 15/5/2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AND ITS POSTAL RECEIPT Exhibit P5 4. THE TRUE COPY OF THE 6TH WORKING DAY REPORT OF THE SCHOOL FOR THE ACADEMIC YEAR 2025-26 Exhibit P6 THE TRUE COPY OF THE UID OF THE STUDENTS IN THE SCHOOL FOR THE ACADEMIC YEAR 2025-26