High Court Kerala High Court

Desiya Adhyapaka Parishath vs State Of Kerala on 9 February, 2009

Kerala High Court
Desiya Adhyapaka Parishath vs State Of Kerala on 9 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4176 of 2009(V)


1. DESIYA ADHYAPAKA PARISHATH
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  : No Appearance

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :09/02/2009

 O R D E R
                        HARUN-UL-RASHID, J.
                ----------------------------------------------
                     W.P(C) No.4176 of 2009-V
                 ---------------------------------------------
                Dated this the 9th February, 2009.

                            J U D G M E N T

The petitioner is an organisation of Teachers in Kerala, which is

affiliated to the national union. The Writ petition is filed for a direction

to the respondents to permit the members of the petitioner union to

participate in the State Conference in duty leave. It is submitted by the

petitioner that their application for recognition is pending

consideration. Exhibit P18 is the order passed by the Director of

General Education stating that so long as the petitioner organisation is

not recognised one, he cannot sanction duty leave and therefore the

request of the petitioner was rejected. The counsel for petitioner

submits that Exhibit P8 is an earlier order in the year 2003 rejecting

the request. Inspite of Exhibit P8 by Exhibits P10 and P11 orders duty

leave was granted for attending conference.

2. The application submitted by the petitioner organisation for

recognition is pending consideration. Exhibits P14 and P17 are

representations pending before the Minister for Education and DPI

respectively. The petitioner submitted that 35 unions have got

recognition and therefore the petitioner union is also entitled to get

recognition.

W.P(C) No.4176 of 2009-V
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It is for the authorities to take a decision on merits and on the

basis of the norms followed to decide whether the petitioner

association is entitled to recognition. The prayer in the Writ Petition

for a direction for permission to take part in the State Conference with

duty leave. The prayer cannot be granted in the light of Exhibit P8 and

P18 orders passed, finding that they are not eligible for recognition.

Since the matter is pending before the Director of Public Instruction

and he shall consider and pass order on merits. The order shall be

passed within a period of four months from the date of receipt of the

copy of the judgment.

The Writ Petition is disposed of accordingly.

HARUN-UL-RASHID
JUDGE

ab

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