IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 30785 of 2009(S) ------------------------------------ PETITIONERS: -------------------- 1. V.P.ABOOBACKER, PRESIDENT, PARENT TEACHER ASSOCIATION, BUDS SCHOOL FOR THE HEARING IMPAIRED, VALLAPUZHA, NILAMBUR RAILWAY STATION P.O., NILAMBUR, MALAPPURAM DISTRICT-679 330. 2. ALL KERALA PARENTS ASSOCIATION OF HEARING IMPAIRED (AKPAHI), MALAPPURAM DISTRICT COMMITTEE, REPRESENTED BY ITS PRESIDENT, ABDUL LATHEEF, MADATHIL HOUSE, KERALA ESTATE P.O., MALAPPURAM DISTRICT. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. DISTRICT EDUCATION OFFICER, WANDOOR. 5. THE MANAGER, BUDS SCHOOL FOR THE HEARING IMPAIRED, VALLAPUZHA, NILAMBUR RAILWAY STATION P.O., NILAMBUR, MALAPPURAM. R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.30785 of 2009 ------------------------------------------ Dated this the 23rd day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed by the President, Parent Teacher Association, Buds School for the Hearing Impaired, Vallapuzha, Nilambur, Malappuram and All Kerala Parents Association of Hearing Impaired (AKPAHI) Malapapuram District Committee, seeking the following reliefs: i. to issue a writ of mandamus or other appropriate writ or direction, commanding the respondents 1 to 4 to grant recognition to the special High School (hearing impaired) in the petitioners' existing U.P.School viz; Buds School for the hearing impaired under the management of the 5th respondent, where the petitioners' children study, ii. to declare that the 1st respondent is duty bound to grant recognition to the special High school as stated above (Std.VIII to X) this year (2009-2010) itself, as the special disabled children who have passed out Std.VII from the special schools in this area of Malappuram district and surrounding places, have no other facility for such High school education in this District.” 2. The main contention of the petitioners is that in respect of this under privileged and disabled students, the WP.(C) No.30785 of 2009 - 2 - Government is not taking appropriate steps for sanctioning a special High School for education of the hearing impaired students. Therefore, they seek recognition to the special High School in the existing U.P.School of the 5th respondent herein. 3. We do not intend to go into the merits of the case at this stage, since the representations given by the petitioners and the 5th respondent in this regard as per Exts.P16 and P14 respectively are pending consideration before the Government and no action has been taken so far even though Ext.P10 recommendation has reportedly been given by the third respondent. As such, we deem it proper to direct the first respondent to consider those representations and take appropriate decision in accordance with law after affording reasonable opportunity of hearing to the petitioners and the 5th respondent within two months from the date of receipt of a copy of this judgment. It is made clear that it will be open to the Government to call for reports, if necessary, from the concerned department. Writ petition is disposed of with the above direction. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns