IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 W.P.(C).No.25971 of 2003(S) --------------------------------------- PETITIONER:- -------------------- 1. NIBRASUL ISLAM SANGHAM (REGD.), MOONIYOOR, REPRESENTED BY ITS GENERAL SECRETARY, P.K.M.KUTTY, S/O. KUNHALASSAN, A.C.BAZWE, P.O. MOONNIYOOR, MALAPPURAM DISTRICT. 2. MAADINUSSAQUAFATHIL ISLAMIYA (REGD.), MALAPPURAM, REPRESENTED BY ITS SECRETARY, PARI MOHAMMED, S/O. AHAMMED, HAJIYAR PALLI, MALAPPURAM DISTRICT. 3. BILAL ISLAMIC CENTRE (REGD.), MONGAM, REPRESENTED BY ITS SECRETARY, C.K.U.MOULAVI, S/O. ALAVI, MONGAM, MALAPPURAM DISTRICT. 4. AL IRSHAD ISLAMIC CENTRE (REGD.), THRIPPANACHI, REPRESENTED BY ITS SECRETARY, M.C.ABDUL AZEEZ, S/O. RAYINKUTTY HAJI, P.O. OLAMATHIL, VIA. MONGAM, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) RESPONDENTS:- ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, TRIVANDRUM. W.P.(C)No.25971 of 2003 - 2 - 2. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, MALAPPURAM DISTRICT. 4. DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 5. DISTRICT EDUCATIONAL OFFICER, TIRUR. ADDITIONAL RESPONDENTS 6 & 7 IMPLEADED: -------------------------------------------------------------------- ADDL.R6. MANAGER, POOKKOTTUR KHILAFAT MEMORIAL HIGH SCHOOL, POOKKOTTUR, MALAPPURAM DISTRICT. ADDL.R7. MANAGER, CHEKKUTTY HAJI MEMORIAL SECONDARY SCHOOL, PUKKALATHUR, PULPATTA, MANJERI, MALAPPURAM DISTRICT. (ADDITIONAL RESPONDENTS 6 & 7 ARE IMPLEADED AS PER ORDER ON I.A.NO.10471 OF 2003 DATED 25.8.2003). R1 TO R5 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R7 BY ADV.SMT.MEENA.A. SRI.R.RAJESH KORMATH SMT.SANJANA R.NAIR SRI.JAYKAR.K.S. SRI.RAHUL VARMA SRI.V.S.ROBIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25971 OF 2003 PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION FILED BY THE 1ST PETITIONER DATED 4.9.2002 EXT.P1(A) TRUE COPY OF THE APPLICATION FILED BY THE 2ND PETITIONER DATED 23.9.2002 EXT.P1(B) TRUE COPY OF THE APPLICATION FILED BY THE 3RD PETITIONER DATED 4.5.2002 EXT.P1(C) TRUE COPY OF THE APPLICATION FILED BY THE 4TH PETITIONER DATED 5.9.2002 EXT.P2 TRUE COPY OF THE SURVEY REPORT SUBMITTED BY THE 5TH RESPONDENT DATED 2.2.2002 EXT.P2(A) TRUE COPY OF THE SURVEY REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 27.9.2002 EXT.P2(B) TRUE COPY OF THE SURVEY REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 9.8.2002 EXT.P2(C) TRUE COPY OF THE SURVEY REPORT SUBMITTED BY THE 5TH RESPONDENT. EXT.P3 TRUE COPY OF THE NOTIFICATION DATED 27.6.2003 EXT.P4 TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER DATED 19.7.2003 EXT.P4(A) TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER DATED 24.7.2003 EXT.P4(B) TRUE COPY OF THE OBJECTION FILED BY THE 4TH PETITIONER DATED 24.7.2003 EXT.P5 TRUE COPY OF THE FINAL LIST OF SCHOOLS TO BE UPGRADED AND RECOGNISED, PUBLISHED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 29.10.2003 EXT.P6 TRUE COPY OF THE NOTIFICATION ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS ON 19.3.2001. EXT.P7 TRUE COPY OF THE CIRCULAR ISSUED BY GOVERNMENT OF KERALA DATED 30.11.2004. EXT.P8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE D.E.O. DATED 14.12.2004. RESPONDENTS' EXHIBITS: EXT.R1(A) NOTIFICATION NO.NS(1)-45875/02/DPI DT.13.11.2003 INVITING APPLICATIONS FOR OPENING/UPGRADING UNAIDED SCHOOLS. EXT.R1(B) G.O.(P) NO.69/04/G.EDN. DT.20.2.04 GRANTING SANCTION TO OPEN/UPGRADE/RECOGNIZE UNAIDED SCHOOLS. / TRUE COPY / H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P. (C) No.25971 of 2003 ------------------------------------------ Dated, this the 9th day of July, 2008 JUDGMENT Basheer, J. The petitioners who are stated to be registered Charitable Societies running some educational institutions, have preferred this writ petition primarily praying for issuance of a writ of mandamus or such other appropriate writ, order or direction to the respondents to consider their applications requesting for grant of recognition to their respective educational institutions. 2. When this writ petition came up for consideration today, we have been informed by the learned Government Pleader that the present policy of the Government is not to grant recognition to unrecognized educational institutions in the State. 3. In that view of the matter, we do not find any reason to consider the merit or sustainability of the prayers made by the petitioners at this stage. Therefore, the writ petition is closed. However, we make W.P. (C) No.25971 of 2003 2 it clear that it will be open to the petitioners to challenge the policy decision of the Government, if they choose to do so, in other appropriate proceedings. 4. In view of the order passed in the writ petition, all pending interlocutory applications stand closed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns