IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 16997 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. KENDRIYA VIDYALAYA NON-TEACHING STAFF ASSOCIATION REPRESENTED BY ITS GENERAL SECRETARY C.S.PREM, AGED 41 YEARS, S/O.LATE C.G.STEPHEN, LOWER DIVISION CLERK, KENDRIYA VIDYALAYA NO.2, COCHIN-682004, R/AT CHIRAMEL HOUSE, THOPPUMPADY, KOCHI-682005. 2. K.L.JOSEY, AGED 52 YEARS,S/O.LONAPPAN, LAB ATTENDANT, KENDRIYA VIDYALAYA NO.2, COCHIN-682004, AND TREASURER, KENDRIYA VIDYALAYA NON-TEACHING STAFF ASSOCIATION RESIDING AT KUTTASSERY HOUSE, ATTATHARA PADOM, PALLURUTHY, COCHIN 682 006. BY ADV. SRI.T.C.GOVINDA SWAMY SRI.G.SHYAM RAJ SRIT.R.MOHANAKUMAR RESPONDENT(S): --------------- 1. KENDRIYA VIDYALAYA SANGATHAN, 18-INSTITUTIONAL AREA, SHAHID JEET SINGH MARG, NEW DELHI-110016-THROUGH ITS COMMISSIONER. 2. THE ASSISTANT COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE, I.I.T. CAMPUS, CHENNAI 600 006. ADV. SRI.V.V.ASOKAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).16997/2009 ....................... Dated this the 24th day of August, 2009 JUDGMENT 1st petitioner is a Non Teaching Staff Association stated to be registered under the KVS (Recognition of Association) Regulations, 1995. They claim that the regulations have the force of law. The employees of the Kendriya Vidyalaya are members of the 1st petitioner, Association. 2. Subscription of membership is through the pay bills of the members/employees. It is further claimed that office bearers of the Association have been afforded certain protection in the matter of transfer to avoid unfair practices from the side of Management and also to sub serve the purpose of the regulations. The general body of the petitioner, Association met on 13.12.2008 and office bearers at various levels are stated to have been selected/nominated. The list of office bearers was communicated vide Ext.P2. Thereafter, a request has been made for circulation of the list of office bearers among all the officers of the KVS and also for the same to be uploaded in the website of the KVS. W.P.(C).16997/09 2 Writ petition has been filed praying for the following reliefs:- (i).Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to accept and communicate Ext.P2 list of office bearers of the 1st petitioner Association to the various Regional Offices and Kvs under the 1st respondent forthwith. (ii).Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to upload Ext.P2 list of office bearers of the 1st petitioner Association in the website of the KVS. (iii).Award costs of and incidental to this petition. 3. Copy of the writ petition has been served on the learned Standing Counsel. I heard learned counsel for the petitioner and learned Standing Counsel for the respondents. W.P.(C).16997/09 3 4. It is now submitted on behalf of the respondents that Ext.P2 shall be circulated among all the officers. It shall also be posted on the website of the 1st respondent as early as possible. Submission is recorded. 5. Accordingly, writ petition is disposed of directing the respondents to circulate Ext.P2 among the officers of the KVS as contemplated by the KVS (Recognition of Association) Regulations, 1995 and also upload the same on the website within two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs