IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 16291 of 2009(F) ------------------------------------ PETITIONER(S): ---------------------- MANAGER, VRINDAVAN HIGH SCHOOL, VLATHANKARA, CHENGAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH SRI.A.HAROON RASHEED RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM. 5. THE MANAGER, OUR LADY OF ASSUMPTION HIGH SCHOOL, VLATHANKARA, CHENGAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. W.P.(C) NO.16291/2009 6. MANAGER, ST. PETER'S U.P. SCHOOL, VLATHANKARA, CHENGAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. *ADDL. R7 IMPLEADED. 7. L.RAJENDRAN, S/O. LAKSHMI NADAR, AGED 65 YEARS, EDUCATIONAL AGENCY, VRINDAVAN HIGH SCHOOL, VLATHANKARA P.O., CHENGAL, NEYYATTINKARA, TRIVANDRUM 695 132. ADDL. R7 IS IMPLEADED AS PER ORDER DT.29/09/2010 IN IA. NO.13063/2010. R1 TO R4 BY GOVERNMENT PLEADER SRI.SANDESH RAJA R5 BY ADVS.FR.JOHNY THOTTAM, SRI.JOHNSON GOMEZ, SRI.S.BIJU (KIZHAKKANELA), SRI.S.VINCENT. R6 BY SRI.GEORGE MECHERIL ADDL. R7 BY SRI.A.MOHAMED MUSTAQUE, SMT.LAKSHMI RAJAN, SRI.K.R.AVINASH (KUNNATH) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16291/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.D6/12933/06 DTD. 29.10.07 ISSUED BY THE 4TH RESPONDENT. P2:- COPY OF THE AFFIDAVIT FILED BY THE 5TH RESPONDENTIN WA. NO.401/08 BEFORE THIS HONOURABLE COURT, ON 26.2.08. P3:- COPY OF THE JUDGMENT DTD. 29.2.08 IN WA. 401/08 AND CONNECTED CASES OF THIS HONOURABLE COURT. P4:- COPY OF THE G.O.(RT) 1317/08/G.EDN. DTD. 14.3.08 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE ORDER NO.NSI/75725/08/DPI DTD. 2.12.08 ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE ENDORSEMENT DTD. 17.2.09 RELATING TO THE DIRECTION OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P7:- COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT AND REPLY GIVEN BY THE HEADMASTER, VIMALA HRIDAYA HIGH SCHOOL DTD. 16.9.09. P8:- COPY OF THE REPORT SUBMITTED BY ADVOCATE COMMISSIONER IN OS. 710/09 BEFORE THE MUNSIFF'S COURT III, NEYYATTINKARA. P9:- COPY OF THE NEWS REPORT APPEARD IN KERALA KAUMUDI DAILY DTD. 31.10.2009. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE LETTER NO.B5/21313/08 DTD. 20.5.09. R4(a):- COPY OF THE REPORT SUBMTITED BY THE ASST. EDUCATIONAL OFFICER. R4(b):- COPY OF THE REPORT SUBMITTED BY THE ASST. EDUCATIONAL OFFICER. R5(a):- COPY OF THE LETTER DTD. 13.11.2009 ISSUED BY THE HEAD MINSTESS, VHHS VIRALY UCHAKKADA ALONG WITH THE LSIT OF STUDENTS STUDYING IN THE SAID SCHOOL DURING 2009-10, WHO WERE ADMITTED FROM OUR LADY OF ASSUMPTION, VLANTHAKARA. R5(b):- COPY OF THE COMMISSION APPLICATION FILED BY THE 5TH RESPONDENT IN OS. NO.710/09 BEFORE THE MUNSIFF'S COURT-III, NEYYATTINKARA. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16291/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of September, 2010 J U D G M E N T The petitioner herein is the Manager of Vrindavan High School, Vlathankara, Neyyattinkara, Thiruvananthapuram. The main grievance raised by the petitioner is against the fifth respondent who is allegedly running a school without permission under the K.E.R. in clear violation of the undertaking given in Ext.P2 before this Court. 2. The petitioner seeks for a writ of mandamus or any other writ or direction, directing respondents 1 to 4 to take immediate steps to stop the functioning of the school run by the fifth respondent. The history of the present dispute shows that an Aided School run by the sixth respondent is situated 50 metres away from the petitioners school. It is alleged in the writ petition that the fifth respondent unauthorisedly started an educational institution called Our Lady of Assumption High School nearby the compound of the sixth respondent's school, namely, St.Peter's U.P. School, Vlathankara. The petitioner therefore, filed W.P.(C).No.14112/2005 against the unauthorised functioning of the school by the fifth respondent. There was a report dated 06/03/2006 by the Joint Director of Public Instructions and, based on the W.P.(C). No.16291/2009 -:2:- same, on 10/05/2007, the Additional Director of Public Instructions gave a direction to cease the functioning of the unaided Our Lady Assumption High School, Vlathankara immediately. Students studying in the said school were directed to be issued with T/C to the necessary Government/Aided schools and, accordingly, the District Educational Officer passed an order as per Ext.P1. 3. There were several other litigations also in this matter by way of various Writ Petitions and Writ Appeal No.401/2008 and connected cases. In W.A.No.401/2008, the fifth respondent filed an affidavit as per Ext.P2 undertaking to close down the school immediately. The students were agreed to be admitted in the neighbouring Government/Aided Schools. Accordingly, by Ext.P3, the Division Bench granted permission to withdraw the Writ Appeals in view of the undertaking given by the Appellant Manager that he shall close down the school as stated in the affidavit filed in the Writ Appeal. Ext.P4 is the proceedings of the Government rejecting the request of the fifth respondent for recognition of the school. By Ext.P5, the Director of Public Instruction directed the District Educational Officer, Neyyattinkara to take appropriate action against the sixth respondent's school in the light of the allegation that the fifth respondent's school has W.P.(C). No.16291/2009 -:3:- not stopped functioning. It is submitted by the learned counsel for the sixth respondent that they have no role in the conduct of the school run by the fifth respondent and the action proposed in Ext.P5 is under challenge in W.P. (C).No.23759/2009 where an interim order has been passed in their favour. Ext.P6 is a letter by which the Deputy Director of Education was directed to take suitable action on the petition filed by the petitioner herein. After failing to get effective action in the matter, this writ petition has been filed. 4. Heard the learned counsel for the petitioner, learned counsel fifth respondent, learned counsel for the sixth respondent and the learned Government Pleader. 5. In the affidavit filed by the fifth respondent dated 20/08/2009, in paragraph (2) it is stated that Our Lady Assumption School functioning at Vlathankara is closed down. Students admitted in the said school at the relevant time in Standards VIII and IX have been admitted in Vimala Hridaya High School, Viraly and they are pursuing their studies thereafter in the said school. No student has been admitted in fifth respondent's school after Ext.P2 affidavit and the undertakings given before this Court have been fully honoured. In paragraph (3) it is further stated that free private tuitions for students of Vimala Hridaya W.P.(C). No.16291/2009 -:4:- High School alone are being given. Thereafter, in the reply affidavit filed by the petitioner, Ext.P8, a report of the Advocate Commissioner submitted before the Munsiff Court-III, Neyyattinkara is produced. It is averred in the reply affidavit that as per Ext.P8, the fifth respondent's school is functioning in the Community Hall of Kunnamvila Kochuthressia Church compound. Thereafter, the fifth respondent has filed an additional counter affidavit denying the allegation that the said school is functioning. 6. After hearing parties, this Court passed an interim order dated 16/06/2010 directing the first respondent to cause an enquiry in the matter and to file a report before this Court as to whether the fifth respondent has closed down the Our Lady of Assumption High School, Vlathankara in terms of the undertaking in Ext.P2 or whether the said school is functioning in another name or in any manner. 7. The learned Government Pleader submitted that an affidavit has been filed along with a report dated 09/07/2010 of the Deputy Director of Education, Thiruvananthapuram. A copy of the report was placed for perusal of the Court. It is mentioned therein that the unauthorised school 'Out Lady of Assumption High School' by name having Std.VIII-IX is still functioning within the W.P.(C). No.16291/2009 -:5:- site area earmarked for the functioning of St.Peters UPS, Vlathankara. The visit was conducted on 09/07/2010 at 3 p.m. It is mentioned that there is a double storied building adjacent to St.Peter's U.P.School, Vlathankara and students of age group 13-14 years are seen rushing out of the classroom hastily, scattered and ran away as if they have been instructed to do so. It is also mentioned that when he entered the classroom, he could not find a teacher except a Sister who answered his questions with fury. She said they were running a tuition class. The classroom/division is seen marked as VIII, IX etc. The office room functioning in the same building was being closed down by a few unidentified persons at the sight of the vehicle. 8. The learned counsel for the petitioner, therefore, submitted that in the light of the above report, appropriate directions should be given to the educational authorities to see that action is taken for closing down the same since the school is functioning. 9. The learned counsel for the fifth respondent submitted that what is going on is classes for Plus-II students by way of private studies apart from tuition classes for high school students belonging to the Parish. W.P.(C). No.16291/2009 -:6:- It is therefore submitted that there is no regular running of any school, much as a High School, in the compound. 10. This is an aspect which has to be verified. Therefore, there will be a direction to respondent Nos.2 to 4 to conduct appropriate enquiry into the matter to find out whether the fifth respondent has violated the undertaking given in Ext.P2 and whether their plea that only tuition alone is given is correct or not. Appropriate final orders will be passed after notice to the fifth respondent also within a period of six weeks from the date of receipt of a copy of this Judgment. If it is found ultimately by the respondents concerned that the fifth respondent's school is functioning in violation of the undertaking before this Court, appropriate action will be taken by the second respondent to see that it is closed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms