IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 23940 of 2011(N) -------------------------- PETITIONER : ------------ C.P.UMMER HAJI, MANAGER, C.P.A.U.P.SCHOOL, THIRUVIZHAMKUNNU, MANNARKKAD, PALAKKAD. BY ADVS. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION DEPATMENT, SECRETARIAT, THIRUVANANTHAPURAM -695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD, PALAKKAD-678582. R1 TO R3 BY GOVT. PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 23940 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PARENT TEACHERS ASSOCIATION DATED 25/3/2003. EXT.P2 TRUE COPY OF THE RESOLUTION DATED 28/7/2003. EXT.P3 TRUE COPY OF THE SURVEY REPORT DATED 31/3/2003. EXT.P4 TRUE COPY OF THE COVERING LETTER DATED 17/12/2003. EXT.P5 TRUE COPY OF THE NEWS REPORT IN THE KERALA KOWMUDI DAILY DATED 12/2/2004. EXT.P6 TRUE COPY OF THE JUDGEMENT IN WPC.13410/2004 ON THE FILE OF THIS HONOURABLE COURT DATED 30/4/2004. EXT.P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PARENT TEACHER ASSOCIATION DATED 22/6/2010. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.23940 of 2011-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2011. JUDGMENT The petitioner is the Manager of C.P.A.U.P. School, Thiruvizhamkunnu. The same is an unaided school. The petitioner is seeking upgradation of the said school as a high school. Various factors have been pointed out in the writ petition to justify the claim of the petitioner for upgradation. Ext.P2 is the copy of the resolution passed by the Panchayat concerned. Thereafter, the third respondent recommended for the upgradation of the school and Ext.P3 is the true copy of the survey report dated 31.3.2003. Ext.P4 is the copy of the covering letter of the second respondent forwarding the survey report to the first respondent on 17.12.2003. Ext.P6 is the judgment in W.P.(C) No.13410/2004 wherein there was a direction to consider the request of the petitioner, but still nothing has materialised. Thereafter, the Parent Teacher Association filed Ext.P7 representation dated 22.6.2010 before the Honourable Minister for Education. It is submitted that the same also did not yield any result. It is in these circumstances, this writ petition has been filed. 2. Learned Govt. Pleader, on getting instructions, submitted that the wp 23940/2011 2 original of Ext.P7 could not be traced out and it is not ascertainable whether any consideration was made. 3. Therefore, it is open to the petitioner to file a fresh representation in the matter before the Government along with a copy of this judgment, detailing the various aspects and if such a representation is filed, the same will be considered and appropriate reply will be given to the petitioner within four months from the date of receipt of a copy of this judgment. A personal hearing will also be given to the petitioner. It is made clear that I have not expressed anything on the merits of the claim. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/