IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 29693 of 2008(I) ------------------------------- PETITIONERS: ---------------- 1. MANAGER, EDAKULAM VIDYATHARANGINI L.P.SCHOOL, EDAKULAM (PO), KOYILANDY (VIA), KOZHIKODE. 2. MANAGER VALAL UP SCHOOL, KOTTATHARA, MADAKKUNNU (PO) WAYANAD. BY MR.JIJI THOMAS PAMBACKAL, ADVOCATE. MR.G.B.SHAMJITH, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY OF GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE. 4. THE DEPUTY DIRECTOR OF EDUCATION, KALPETTA, WAYANAD. 5. THE ASSISTANT EDUCATIONAL OFFICER KOYILANDY, KOZHIKODE. 6. THE ASSISTANT EDUCATIONAL OFFICER VYTHIRI, KALPETTA, WAYANAD. BY MR. K. RAMESH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.29693/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 11.2.1975 OF GENERAL EDN.(J) DEPARTMENT. EXT. P2 : COPY OF FITNESS CERTIFICATE OF SCHOOL BUILDING DTD. 13.7.07. EXT. P3 : COPY OF CIRCULAR DTD. 10.3.06 OF GENERAL EDUCATION (M) DEPARTMENT. EXT. P4 : COPY OF CIRCULAR DTD. 17.12.07 OF R2. EXT. P5 : COPY OF CIRCULAR DTD. 17.3.08 OF R2. EXT. P6 : COPY OF ORDER DTD. 3.6.08 IN W.P.(C) No.16392/2008. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.29693 OF 2008 --------------------------------------- Dated this the 24th day of August, 2009. J U D G M E N T The petitioners are the Managers of two schools, the buildings of which were constructed before the commencement of the Kerala Education Act and Rules. They are aggrieved by Exhibit P3 by which the Government issued various directions in regard to replacement of existing pre-KER buildings with new buildings. Exhibit P4 is the circular issued by the Director of Public Instruction based on the said Government Order. 2. Presently, the issue is covered by the decision of a Division Bench of this Court in W.P.(C) No.15536/2008 and connected cases wherein the validity of these orders were under challenge. It was held thus in paragraph 10: “In the result, the impugned circulars Exts.P3 to P5 in this Writ Petition and Ext.P7 in W.P.(C) No.15274/2008 to the extent they stand in the way of using pre-KER buildings, which are strong and W.P.(C) No.29693/2008 2 certified to be fit by the competent authority, are declared ultra vires and unenforcible. It is clarified that the various other directions in the impugned orders/letters/circulars, concerning the steps to be taken for the safety of the students and teachers and demolition of unsafe buildings, are not interfered with. In view of our above finding, the concerned Engineer (going by the materials on record, we find it is the Assistant Engineer of the Local Self Government Department having jurisdiction over the area) is directed to inspect the schools of the petitioners immediately and decide whether they are entitled to get fitness certificates for their pre-KER buildings, so that they could house the class divisions in them. This, the said officer shall do within two weeks from the date of production of a copy of this judgment and the results shall be communicated to the Managers forthwith”. In the light of the above, this writ petition is allowed. The concerned Engineer is directed to inspect the schools of the petitioners immediately and decide whether they are entitled to get fitness certificates for their pre-KER buildings so that they could house the class divisions in them. The same shall be done within a period of one month from the date of production of a W.P.(C) No.29693/2008 3 copy of this judgment and the results will be communicated to the Managers forthwith. T.R. RAMACHANDRAN NAIR JUDGE smp