IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 3998 of 2010(Y) ------------------------- PETITIONER(S): --------------- THE MANAGER, PANAKKAD POOKOYA THANGAL MEMORIAL HIGH SCHOOL, POMBR, PALAKKAD-678595. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE SECRETARY, PAREEKSHA BHAVAN, POOJAPPURA, TRIVANDRUM. 4. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 5. THE DISTRICT EDUCATIONAL OFFICER, OPPAPPALAM, PALAKKAD DISTRICT. GOVERNMENT PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 3998 of 2010 ================== Dated this the 18th day of February, 2010 J U D G M E N T The petitioner challenges cancellation of recognition of the petitioner's unaided recognised High School in Ottapalam Educational District. The school was commenced in 2004-2005. Provisional recognition was being granted periodically by the DEO as evident from Exts.P6 to P9. While the petitioner's school was making arrangements for presenting SSLC students of the school for examination in March, 2010, the Director of Public Instruction issued orders withdrawing recognition of the school without notice, is the contention raised by the petitioner. According to the petitioner, it is violative of Rule 22(b) of Chapter V of the Kerala Education Rules. The petitioner moved the Government. The Government also did not consider the petitioner's request favourably. It is under the above circumstances, the petitioner has filed this writ petition seeking the following directions: “(i) call for the records relating to Exhibits P5, P11 and P12 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to allow the students of the Petitioner's School covered by Exhibits P13, P14 and P15 to attend the SSLC Examination March 2010 at Panakkad Pookoya Thangal Memorial High School, Pombra. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to grant permanent recognition to the Petitioner's School forthwith.” 2. Essentially the petitioner's contention is that the recognition granted to the petitioner's school could not have been withdrawn without notice to the petitioner. Ext.P5 is the order of the 2 Director of Public Instruction withdrawing provisional recognition for the years 2007-08 and 2008-09. In view of the fact that the petitioner's contention is that recognition of the school could not have been withdrawn without notice to the petitioner, I directed the counsel for the petitioner to produce orders regarding recognition of the school for the year 2009-2010. Today the counsel for the petitioner submits that no recognition was granted for the year 2009-2010 and application in this regard is only pending. As such, presently, there is no recognition for the school. Therefore, there is no question of withdrawing any recognition as well. As far as Ext.P8 order is concerned, it is of no effect since years 2007-08 and 2008-09 are over and the students who passed out have already obtained their certificates. Moreover, withdrawal of recognition retrospectively cannot be allowed to affect the students. In the above circumstances, without prejudice to the right of the petitioner to seek recognition for future periods, in which the petitioner can also challenge the validity of the withdrawal of provisional recognition retrospectively, this writ petition is dismissed. In respect of the students presently studying, the educational authority has already directed the petitioner to make alternate arrangements as per Exts.P11 and P12. Therefore, no further orders are necessary in respect thereof. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge