IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 36871 of 2009(D) -------------------------- PETITIONER(S): --------------- K.C.JAMALUDHEEN MUSALIYAR MEMORIAL PUBLIC SCHOOL, CHUNKATHKUNNU, KACHERIPADY, PAYYANAD, MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, K.KUNHIMUHAMMED, AGED 50 YEARS, S/O. MUHAMMEDKUTTY, KARAKKANDAN HOUSE, PAYYANAD. BY ADV. SRI.ESM.KABEER RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36871/2009-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of December, 2009 J U D G M E N T The petitioner, is a the Public School which is registered under the Societies Registration Act. The School is situated in Ward No.17 of the Manjeri Municipality. In the notification published by the Director of Public Instruction dated 18/09/2009, areas have been shown wherein recognition of schools is proposed to be made. 2. The case of the petitioner is that within the radius of 3kms. of the petitioner's school, no high schools are available and it is a backward area dominated by Muslims and other backward communities including Harijans. It is a remote village which requires proper attention with regard to the educational needs of the people. The present school is an unrecognised school which was established in the year 1999. It is pointed out that applications are being filed from time to time for recognition of the school and even survey has been conducted. When the third respondent forwarded application for recognition on 07/08/2007, wherein 18 schools were shown, first preference is given to the petitioner's school and, in support of the said plea, Ext.P5 is produced by the petitioner. W.P.(C). No.36871/2009 -:2:- 3. The complaint raised by the petitioner is that the petitioner's school has not been included in the present notification (Ext.P6) dated 06/10/2009 and the petitioner has, therefore, filed objection as per Ext.P7 and another application has also been filed as per Ext.P9. The same has been recommended by the Manjeri Municipality. 4. The main relief sought for in the writ petition is for a consideration of the objection filed by the petitioner before finalisation of Ext.P6 notification. 5. The learned Government Pleader submitted that the District Educational Officer had heard the petitioner on 23/11/2009 and report has been forwarded to the Director of Public Instruction and therefore, before issuing the final notification, the claim of the petitioner will also be considered in tune with the report submitted before the Director of Public Instruction. The same is recorded. The writ petition is accordingly closed. No costs. (T.R. Ramachandran Nair, Judge.) ms