IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 17362 of 2010(U) --------------------------------------- PETITIONER(S): -------------------- DARUL ANWAR ISLAMIC COMPLEX (REGN. NO.CA 693), ANWAR NAGAR, MOONNUMOOLA, CHERU KUDANGAD P.O., PALLIPPURAM, PALAKKAD DISTRICT-679 305, REPRESENTED BY ITS SECRETARY, P.K. MUHAMMEDKUTTY MUSLIYAR. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM. 5. THE ASSISTANT EDUCATIONAL OFFICER, PATTAMBI. R1 TO R5 BY ADDL. ADVOCATE GENERAL SRI.K.A. JALEEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 17362 of 2010(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.F.4527/91 DATED 17/12/1991 OF THE 5TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P2: COPY OF THE LETTER NO.B-5/4940/04 DATED 19/07/2004 OF THE 5TH RESPONDENT TO THE 2ND RESPONDENT. EXT.P3: COPY OF THE LETTER DATED 27/09/2004 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE PROFORMA SURVEY REPORT DATED 15/06/2005 THE 5TH RESPONDENT. EXT.P5: COPY OF THE SURVEY REPORT DATED 12/06/2009 OF THE 5TH RESPONDENT. EXT.P6: COPY OF THE NOTIFICATION DATED 18/09/2009 THE 2ND RESPONDENT. EXT.P7: COPY OF THE APPLICATION DATED 15/10/2009 OF THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH ENCLOSURES. EXT.P8: COPY OF THE REPORT DATED 01/12/2009 OF THE 5TH RESPONDENT TO THE 2ND RESPONDENT. EXT.P9: COPY OF THE NOTIFICATION NO.NSI/16069/DPI DATED 24/05/2010 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17362/2010-UG ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of August, 2011 J U D G M E N T The petitioner herein is a Society registered under the Societies Registration Act. It is pointed out that the petitioner has established and is running an English Medium School in the name of Safa English School, an unaided schoo1, from 1995. The schoo1 is situated in Ward No.3 of Paradur Grama Panchayat, which according to the petitioner is a backward area. 2. The petitioner submitted an application for recognition, namely, Ext.P7 pursuant to Ext.P6 notification issued by the second respondent. The notification comprises a list of areas where the unaided schoo1s are to be recognised in different districts and, in Palakkad District one of the areas thus notified is in Parudur Panchayat, namely, Ward No.3. Ext.P9 is the final notification. It is pointed out in the writ petition that, in Ext.P9, the said Panchayat has not been included and no reason has been shown in Ext.P9 for the non inclusion. In these circumstances, the learned counsel for the petitioner sought for a direction to the Government to consider W.P.(C). No.17362/2010 -:2:- the application of the petitioner in the light of the relevant statutory provisions and in view of the recommendation of the various educational officers and take a decision in the matter. 3. Heard the learned Additional Advocate General appearing for the State. 4. Evidently, going by Ext.P9, Ward No.3 of Paradur Grama Panchayat is not mentioned. No reasons are forthcoming also in Ext.P9. Therefore, there will be a direction to the Government to take a decision with regard to the application submitted by the petitioner after considering various aspects, namely, in terms of the relevant Rules of Chapter V of the Kerala Education Rules and, appropriate decision will be taken after hearing the petitioner also within a period of three months from the date of receipt of a copy of this Judgment. It is made clear that this Court has not expressed anything on the merits of the claims of the petitioner. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms