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.
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W.P(C) No.4176 of 2009-V
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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.
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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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