IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 9703 of 2009(G) ------------------------------- PETITIONER: -------------- THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALAI, BISHOP'S HOUSE, PALAI P.O., KOTTAYAM DISTRICT, REP. BY ITS POWER OF ATTORNEY HOLDER, FR.JOSEPH ENTHANAL, SHALOM PASTORAL CENTRE, PALAI P.O., KOTTAYAM DISTRICT. BY MR.GEORGEKUTTY MATHEW, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO DEPARTMENT OF SCHOOL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAI. 4. THE DISTRICT EDUCATIONAL OFFICER, KADATHURUTHY. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.9703 OF 2009 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioner is the Corporate Manager of Corporate Educational Agency, Diocese of Palai. The main relief sought for in the writ petition is to quash Exhibits P1 and P2 and for a direction to the 2nd respondent to consider Exhibits P6 and P8 applications filed by the petitioner seeking permission under Rule 12(II) of Chapter VI of Kerala Education Rules for admitting boys students in the schools mentioned therein. 2. There are four different schools under the management of the petitioner namely, L.F.H.S Vadakara, St. Paul's H.S, Mutholapuram, Alphonsa G.H.S Vakakkad and St. Agnes's G.H.S, Muttuchira. The first one was a Girl's High School and the Government sanctioned admission of boys in the school as per Exhibit P1. Accordingly, the name of the school was changed as L.F.H.S, Vadakara. Similarly, the St. Paul's H.S, Mutholapuram, W.P.(C) No.9703/09 2 which was a Girl's High School, was granted permission to admit boys as per Exhibit P2. Accordingly, the name of the school was changed as St.Paul's H.S, Mutholapuram. Exhibits P1 and P2 orders contained a specific condition that no additional financial commitments shall be caused to the Government on account of the admission of boys in the above schools. 3. The petitioner submitted staff fixation proposal for the academic year 2008-09. The District Educational Officer refused to allow the proposals and passed staff fixation orders considering the strength of students excluding the boys students and allowed only 16 divisions at L.F.H.S Vadakara and 11 divisions at St. Paul's High School, Mutholapuram. Presently, that issue is pending before the Revisional Authority and this Court by Exhibit P5 judgment has directed the Revisional Authority to hear and dispose of the revision petitions filed by the petitioner within the time limit provided in the said judgment. 4. As far as the latter schools are concerned, the petitioner has filed Exhibits P6 and P8 before the Director of Public Instruction seeking permission to admit boy students in W.P.(C) No.9703/09 3 accordance with the relevant rules. The petitioner was informed by the District Educational Officer by Exhibits P7 and P9 that till orders are obtained from the competent authority, admission of boys students may not be continued. Aggrieved by the same, this writ petition is filed. The relevant provision is under Rule 12 of Chapter VI of K.E.R. Admittedly, the petitioner has moved the statutory authority seeking permission in the matter. Therefore, it is upto the statutory authority to take a decision on Exhibits P6 and P8 which will be done within a period of six weeks from the date of receipt of a copy of this judgment. The contentions raised by the petitioner in this writ petition regarding the validity of the conditions imposed in Exhibits P1 and P2 are left open to be agitated at the appropriate time. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp