IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 27441 of 2008(P) -------------------------- PETITIONER(S): --------------- 1. N.T. IBRAHIM MASTER, AGED 64 YEARS, S/O. LATE ABDUL RAHIMAN HAJI, NADUTHODUKAYIL, P.O. AVILORA, KODUVALLY, KOZHIKODE DISTRICT. 2. E.K.ABOOBACKER, S/O. POCKER, AGED 36 ETTAMKANDATHIL HOUSE, P.O. VALIAPARAMBU, KODUVALLY, KOZHIKODE DISTRICT. 3. V.P. MOHAMMED, AGED 37 YEARS, S/O. KHADER, VALIYAPEEDIKAYIL HOUSE, P.O.VALIAPARAMBU, KODUVALLY KOZHIKODE DISTRICT, BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETAIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE D.P.I. THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THAMARASSERY, 4. THE DISTRICT EDUCATION OFFICER, THAMARASSERY, 5. ASSISTANT EDUCATION OFFICER, THAMARASSERY. 6. THE MANAGER, AMUP SCHOOL, VALIAPARAMBU, KODUVALLY, KOZHIKODE. 7. THE HEAD MASTER & CONVENOR/SECRETARY OF THE PARENT TEACHER ASSOCIATION, AMUP SCHOOL, VALIAPARAMBU. ADV. SRI.V.A.MUHAMMED FOR R6-7 SRI.M.SAJJAD FOR R6-7 SMT. T.B. REMANI, SR. GOVERNMENT PLEADER FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009, ALONG WITH WPC NO. 27391 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the order dated 21.8.2008 of the 2nd respondent. Ext.P2: True copy of the notice published by the 7th respondent. Ext.P3: True copy of the representation dated 2.9.2008 to the 2nd respondent by the parents of the students. /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 27441 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2009 J U D G M E N T This writ petition is filed by the parents of three students who were studying in Al Mappila U.P. School, Valiaparambu in Kozhikode District. They are aggrieved by the order passed by the second respondent whereby sanction has been granted to adopt the general calendar. As far as the school is concerned, the petitioners contend that the school is situated in a Muslim area and almost 85% of the students belonged to Muslim community. It is further pointed out that the meeting of the PTA said to have been convened was not conducted properly. Ext.P1 is the order passed by the Director of Public Instructions. Ext.P3 is the representation filed by the petitioners before the said officer seeking for reconsideration of the matter. 2. The respondents have filed detailed counter affidavits in the matter. Ext.P1 order shows that the DPI has issued the sanction in terms of the decisions of the Parents WPC. : 2 : Teachers Association and the staff council. The petitioner contends that the meeting of the PTA was not convened properly. In the counter affidavit filed on behalf of the Manager, it is pointed out that the change was effected in the light of the demand made by different parents and members of the staff council. It is pointed out that there is no ill motive in taking such a decision. The change was required in the light of the difficulties experienced by the members of the staff council also, as they had to attend Cluster classes on Saturdays. This court, sitting in this jurisdiction may not be justified in going into disputed questions regarding the meeting said to have been held by P.T.A. If the petitioners file an appropriate representation before the Government, the first respondent, within ten days from today, the same will be considered by the first respondent after hearing the petitioners, office bearers of P.T.A and the Manager within a further period of two months there after. The writ petition is disposed of accordingly. (T.R. RAMACHANDRAN NAIR, JUDGE) jma