High CourtsSingle Bench(2012) 01 KL CK 0109

Mini Lakshmanan Karthik vs Shri. Shivasankar, Age and Father''s Name Not Known to The Petitioner, Secretary, General Education Department, Thiruvananthapuram - 695001

High Court Of Kerala · Decided on 9 January 2012

HON’BLE JUDGES
T.R. Ramachandran Nair, J
RESULT
Allowed
CASE NUMBER
COC No. 1361 of 2011 (S)

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Judgment

7 paragraphs · 274 words

Justice T.R. Ramachandran Nair

1.

The petitioner herein alleges wilful non compliance of the directions issued in Annexure-A Common Judgment.

2.

Heard learned Government Pleader who submitted that the Government has already passed an order dated 12/12/2011.

3.

It is a case where the petitioner has been given a notice u/s 7(6) of the Kerala Education Act to close down the school. The direction issued by this Court is to pass appropriate orders in the matter after hearing all the parties.

4.

A reading of the order passed by the Government shows that the Government was of the view that status quo has to be maintained by the Management of the schools till 31/03/2012. The request of the Managers of the respective schools is rejected since closing down of the schools in middle of the academic year is not feasible. It is further ordered that the decision regarding the closing down or taking over of the schools will be taken after looking at the provisions of Right of Children to Free and Compulsory Education Act, 2009 before the next academic year.

5.

he learned counsel for the petitioner submitted that the same is not in due compliance of the directions issued by this Court.

6.

It is also clear from the order dated 12/12/2011 that as far as the plea of the petitioner is concerned there is a rejection and they have also assured that a decision will be taken before the end of the next academic year. Therefore, it is upto the petitioner, if aggrieved, to challenge the said order and, leaving open the said remedy, the Contempt of Court Case is closed.