IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 13682 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. MUJEEB, K, S/O. SAIDALIKUTTY, AGED 32 YEARS, PRESIDENT, PARENT TEACHER'S ASSOCIATION, VIVEKODAYAM AIDED LOWER PRIMARY SCHOOL, KARAKUTHANGADI, MUTHUTHALA P.O., PATTAMBI, PALAKKAD DIST. 2. THASNI BANU K (MINOR), REPRESENTED BYHER FATHER & GUARDIAN, ABDUL SHUKKOOR K, KORAKOTTIL HOUSE, MUTHUTHALA P.O.,PATTAMBI, PALAKKAD DIST. 3. SHEEJA P.U.(MINOR), REPRESENTED BYHER FATHER & GUARDIAN, P.V. BALASUBRAMANIAN, PUTHEVEETTIL HOUSE, KODUMUNDA P.O., PATTAMBI, PALAKKAD DIST. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD DIST. 3. THE ASSISTANT EDUCATIONAL OFFICER, PATTAMBI, PALAKKAD DISTRICT. 4. THE MANAGER, VIVEKODAYAM AIDED LOWER PRIMARY SCHOOL, KARAKUTHANGADI P.O., MUTHUTHALA, PATTAMBI. 5. THE HEAD MASTER, VIVEKODAYAM AIDED LOWER PRIMARY SCHOOL, KARAKUTHANGADI P.O., MUTHUTHALA, PATTAMBI. ADV. SRI.BINOY VASUDEVAN FOR R4-5 GOVERNMENT PLEADER, SRI.T.B.HOODH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13682/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of May, 2009 J U D G M E N T The first petitioner is the President of the Parent Teachers' Association of the Vivekodayam Aided Lower Primary School managed by the fourth respondent. The second and the third petitioners are students studying in Std.VII in the school, represented by their guardian. It appears that the Manager had moved the Government and the educational authorities to upgrade the school and accordingly, he had filed W.P.(C). No.20419/2004 which was disposed of directing that in case the Government issues its policy regarding upgradation, the Manager also can submit the application. The matter was taken up in appeal by the Manager in W.A.No.2024/2004. In the meantime, two other similarly situated schools preferred W.A.Nos.545/2004 and 546/2004. Ext.P1 is the judgment of this Court in W.A.Nos.545/2004 and 546/2004 wherein this Court observed that the schools were entitled for upgradation as upper primary schools. The writ appeal filed by the Manager herein was disposed of by Ext.P2 judgment in his favour. That was taken up in appeal before the Apex Court and the judgment of the Division Bench was reversed which is reported in 2007(3) KLT 531 (State of Kerala v.Prasad and another). W.P.(C). No.13682/2009 -:2:- 2. The Manager had been admitting students to the higher standards namely, V, VI and VII. The students continued their studies obviously because of the assurance given by the Manager that upgradation will be granted to the school. In the light of the decision of the Apex Court, the students seek to get transfer certificate to continue their studies in other schools. Therefore, the petitioners have approached this Court seeking for a direction to respondent Nos.2 to 5 to issue transfer certificates to the students who have completed Std.VII from the school in question. 3. The petitioners rely upon Ext.P4 judgment of the learned Single Judge of this Court rendered in W.P.(C).Nos.12804/2009 and 12846/2009 wherein this Court directed that those students who have completed Std.VII will be given transfer certificates so as to enable them to pursue studies in other schools etc. 4. The learned Government Pleader on instructions submits that the Government has passed a revised order stipulating various procedures as far as students of unrecognised schools who require continuance of their studies in Government/aided and other recognised schools are concerned. A copy of the order as been produced for perusal by the learned Government Pleader, G.O.(Rt).No.1977/09/Gl.Edn. dated 23/05/2009. Various stipulations have been made in the said order. This is in relaxation of Rule W.P.(C). No.13682/2009 -:3:- 8 Chapter VI of the Kerala Educational Rules. Going by the newly prescribed procedure, the students will have to undergo an eligibility test which will be conducted by the Government/aided/recognised school Headmasters. It is also provided that applications have to be submitted before 30/05/2009 before such Headmasters and the eligibility test will be conducted before 04/06/2009 and the admission should be completed by 06/06/2009. In the light of the above Government Order, which has streamlined the procedure for the students who require admission in Government/aided/recognised schools from unaided schools, the same procedure will govern the writ petitioners herein also. Therefore, the petitioners will immediately comply with the stipulations in the Government Order and approach the concerned Headmaster of the aided/Government/recognised schools and appropriate action will be taken by respondent Nos.2 and 3 in the matter so that their grievances are redressed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms