IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 4176 of 2009(V) ------------------------- PETITIONER: --------------- DESIYA ADHYAPAKA PARISHATH (NATIONAL TEACHERS' UNION) N.T.U. OFFICE, PRATHAP NIVAS, KOTTAPPURAM, POOTHOLE, THRISSUR. REP. BY ITS GENERAL SECRETARY, G.RADHAKRISHNAN, S/O.GOVINDAN, KANNAMPATTA VEEDU, PERAMANGALAM P.O. THRISSUR DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (J) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No.4176 of 2009-V --------------------------------------------- Dated this the 9th February, 2009. J U D G M E N T The petitioner is an organisation of Teachers in Kerala, which is affiliated to the national union. The Writ petition is filed for a direction to the respondents to permit the members of the petitioner union to participate in the State Conference in duty leave. It is submitted by the petitioner that their application for recognition is pending consideration. Exhibit P18 is the order passed by the Director of General Education stating that so long as the petitioner organisation is not recognised one, he cannot sanction duty leave and therefore the request of the petitioner was rejected. The counsel for petitioner submits that Exhibit P8 is an earlier order in the year 2003 rejecting the request. Inspite of Exhibit P8 by Exhibits P10 and P11 orders duty leave was granted for attending conference. 2. The application submitted by the petitioner organisation for recognition is pending consideration. Exhibits P14 and P17 are representations pending before the Minister for Education and DPI respectively. The petitioner submitted that 35 unions have got recognition and therefore the petitioner union is also entitled to get recognition. W.P(C) No.4176 of 2009-V 2 It is for the authorities to take a decision on merits and on the basis of the norms followed to decide whether the petitioner association is entitled to recognition. The prayer in the Writ Petition for a direction for permission to take part in the State Conference with duty leave. The prayer cannot be granted in the light of Exhibit P8 and P18 orders passed, finding that they are not eligible for recognition. Since the matter is pending before the Director of Public Instruction and he shall consider and pass order on merits. The order shall be passed within a period of four months from the date of receipt of the copy of the judgment. The Writ Petition is disposed of accordingly. HARUN-UL-RASHID JUDGE ab W.P(C) No.4176 of 2009-V 3 W.P(C) No.4176 of 2009-V 4 W.P(C) No.4176 of 2009-V 5 W.P(C) No.4176 of 2009-V 6