IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 35403 of 2008(M) ------------------------------------- PETITIONER(S): ----------------------- 1. THE BHARATH ENGLISH MEDIUM SCHOOL, P.O. THEKKIL, CHATTANCHAL, KASARAGOD DISTRICT, REPRESENTED BY ITS MANAGER. 2. THE UNIVERSAL ENGLISH MEDIUM SCHOOL, SP NAGAR, P.O. MADHUR, KASARAGOD DISTRICT, REPRESENTED BY ITS MANAGER. 3. THE CHACHAJI ENGLISH MEDIUM SCHOOL, THEKKEPURAM.P.O, MANKOTH, KASARGOD, REPRESENTED BY ITS MANAGER. 4. THE VISWAJNAM ENGLISH MEDIUM SCHOOL, CHATTANCHAL, THEKKIL.P.O, KASARGOD, REPRESENTED BY ITS MANAGER. 5. THE VISWAJNAN ENGLISH MEDIUM SCHOOL, CHERKALAM, KASARAGOD, REPRESENTED BY ITS MANAGER. BY ADVS.MR.R.RAJASEKHARAN PILLAI MR.SABINA JAYAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.T.B.RAMANY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, ALONG WITH WPC NO. 19318 OF 2008 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.35403/2008, 19318/2008, 25714/2008, 26662/2008, 35187/2008, 35357/2008, 35649/2008, 35714/2008, 35891/2008 and 37918/2008 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of May, 2009 J U D G M E N T All these writ petitions concern the challenge against the order passed by the Government as per Ext.P7 in W.P.(C).No.35403/2008 relating to the right of the management of unrecognised, unaided schools to conduct examination and to issue transfer certificate. The very same issue has been decided by this Court in the judgment in W.P.(C).No.16379/2008 and connected cases. The challenge against the Government Order was not upheld. This Court was pleased to issue further directions as per paragraphs (61) and (62), which are extracted below: “61. In individual cases, if the petitioners have any other grievance, they can approach the Government for appropriate reliefs. 62. In the facts and circumstances of the cases, there will be a direction to the Government to consider the W.P.(C).Nos.35403/2008 and connected cases -:2:- issue, particularly in the light of paragraphs 50 to 59 above, if necessary, after making a detailed study in the matter by appointing a high level committee, and after hearing all the affected parties, educational experts, teachers' organisations, students' organisations etc. and take a final decision, which will be in the best interests of the people at large and the student community in particular.” 2. The directions issued therein will govern these cases also. The writ petitions are accordingly disposed of. (T.R. Ramachandran Nair, Judge.) ms