IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 7086 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------- VISWADARSHINI CHARITABLE SOCIETY, T. 1254/2002, REPRESENTED BY ITS SECRETARY, C.RAJAGOPALAN ACHARI, URIYACODE, URIYACODE P.O., THIRUVANANTHAPURAM - 695 543. BY ADVS.MR.T.M.ABDUL LATHEEF, MR.A.MUHAMMED HASHIM. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.7086 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. T.M.Abdul Latheef, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is a society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. It has established and is running a B.Ed. College. The petitioner has in Ext.P3 representation submitted to the Director of Public Instruction requested that an Upper Primacy School may be sanctioned to the petitioner society. The Apex Court has in State of Kerala v. Prasad - 2007 (3) K.L.T. 531 held that an applications to open new school or to upgrade existing schools can be submitted only after a final list of areas where existing schools are to be upgraded or new schools are to be opened is published by the Director of Public Instruction in terms of Rules 2 and 2A of Chapter V of the Kerala Education Rules and that applications received otherwise cannot be considered. In view of the authoritative pronouncement of the Apex Court, the petitioner cannot directly move the Director of Public Instruction seeking permission to establish a new school or for recognition of an existing school. The WP(C) 7086/09 -: 2 :- petitioner will have to wait till a final list of areas where existing schools are to be upgraded or new schools are to be opened is published by the Director of Public Instruction in terms of Rules 2 and 2A of Chapter V of the Kerala Education Rules. The Director of Public Instruction is not therefore bound to entertain Ext.P3. 3. In these circumstances, the reliefs prayed for by the petitioner cannot be granted. The Writ Petition fails and is dismissed without prejudice to the right of the petitioner to apply for opening a new school as and when the Director of Public Instruction publishes a final list of areas where the new schools are to be opened and if the locality where the petitioner proposes to establish a new school is included therein. P.N.Ravindran, Judge. ess