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2021 Supreme(Ker) 614

MOHAMMED NIAS C.P.
Manager, Janakeeya Vidyalayam, Machad – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.V.A.MUHAMMED, SRI.M.SAJJAD
For the Respondent: SRI.JUSTIN JACOB, SRI.U.BALAGANGADHARAN

JUDGMENT :

Petitioner, the Manager of an Aided Lower Primary School, Arogyamatha Lower Primary School, Thrissur questions the recognition granted to the school of which the 6th respondent is the Manager under the provisions of the Kerala Education Act, 1958 and Rules, 1959 (hereinafter referred to as ‘KER’). He contends that there are about six schools including the petitioner's within a radius of two kilometers from the 6th respondent school, which remained closed for several years. Violating the provisions of the KER, in particular, Rule 2 and 2-A thereof of Chapter V, recognition has been granted to the 6th respondent school is the sum and substance of their challenge.

2. Earlier, the petitioner had filed WP(C)No.29263 of 2013, which resulted in Ext.P5 judgment, whereby the official respondents were directed to hear the petitioner herein as well before taking a final decision on the question of grant of recognition to the school of which the 6th respondent, is the Manager.

3. Heard learned counsel for the petitioner, learned Government Pleader, and the learned counsel for the 6th respondent.

4. It is the contention of the petitioner that despite the specific direction in Ext.P5 judg

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