IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 1611 of 2009(P) ------------------------- PETITIONERS: --------------- 1. SUHAIL M. (MINOR), REPRESENTED BY FATHER AND GUARDIAN UMMER M, MALIYEKKAL, MANGALASSERI HOSUE, ULLANAM NORTH POST, PARAPPANANGADI, MALAPPURAM DIST. 2. UMMU FADLA.N (MINOR), REPRESENTED BY FATHER AND GUARDIAN MOHAMMED N, NALLEDATH VALAKKA HOUSE, P.O. ULLANAM NORTH, PARAPPANANGADI, MALAPPURAM DISTRICT. 3. NUSAIBA M.K. (MINOR), REPRESENTED BY FATHER AND GUARDIAN SUBAIR M.K., KAROD HOUSE, P.O. ULLANAM NORTH, PARAPPANANGADI. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR,MALAPPURAM DISTRICT. WP(C).No. 1611 of 2009(P) : 2 : 5. THE SECRETARY, OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN. POOJAPURA, THIRUVANANTHAPURAM -12. 6. AL-AZHAR HIGH SCHOOL, PARAPPANANGADI, ULLANAM NORTH POST, PARAPPANANGADI, MALAPPURAM DISTRICT, PIN 676 303, REPRESENTED BY ITS MANAGER. BY GOVT.PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1611 of 2009(P) : 2 : K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 1611 of 2009-P --------------------------------------------- Dated this the 23rd January, 2009. J U D G M E N T The petitioners state that they are studying in Standard X in Al- Azhar High School, Parappanangadi. There are 52 students in Standard X in the School. The School is run by Al-Azhar Educational and Charitable Trust, Parappanangadi. It is stated that the petitioners were admitted in Standard VIII and they are continuing their education in the School. The School was opened as per the temporary recognition granted to commence Standard VIII to X for the year 2004-05. For the subsequent year 2005-06 as well recognition was granted. It is stated that the recognition was withdrawn w.e.f. 1.4.2008. By that time, according to the petitioners, admission in the nearby Schools were closed. Therefore the petitioners could not join in any other Schools. 2. The 6th respondent filed W.P(C)No.35928/2008 challenging the order dated 26.5.2008 passed by the District Educational Officer, withdrawing recognition. That Writ Petition was disposed of as per Ext.P3 judgment permitting the Manager to file a statutory revision. The petitioners state that they are given to understand that the 6th respondent had already filed a revision before the Government. 3. Three students in Standard X of the 6th respondent School filed W.P(C)No.37855/2008 for identical reliefs, as relief (a) in the W.P(C) No. 1611 of 2009-P : 2 : present Writ Petition. W.P(C)No.37855/2008 was disposed of, on 6.1.2009 observing that petitioners can move before the Government for appropriate reliefs. 4. The petitioners state that they represent all the students in Standard X in the 6th respondent School. They have filed Ext.P4 representation dated 24.12.2008 before the Government for a permission to appear for S.S.L.C examination either in Parappanangadi B.E.M High School or any other nearby High School. Ext.P4 is not disposed of so far. 5. Since relief similar to relief (a) was declined in W.P(C) No.37855/2008, I do not think that it is proper to entertain the Writ Petition in so far as it relates to relief (a). However in the facts and circumstances of the case, I am of the view that a direction can be issued to the first respondent to dispose of Ext.P4 representation submitted by the petitioners. Relief (b) in the Writ Petition is for grant of such a direction. The learned Government Pleader states that Ext.P4 will be disposed of as expeditiously as possible. In the facts and circumstances of the case, the Writ Petition is disposed of, as follows: a) The first respondent shall consider Ext.P4 representation dated 24.12.2008 as expeditiously as possible and at any rate within a W.P(C) No. 1611 of 2009-P : 3 : period of one month from the date receipt of a copy of the judgment. b) The petitioners shall produce certified copy of the judgment and copy of the Writ Petition before the first respondent. c) The first respondent shall issue notice to the guardian of any one of the petitioners before the disposal of the representation. It is made clear that it is not necessary to issue notice to all the petitioners and the petitioners waive such right. d) It is also made clear that the petitioners would be entitled to produce such other materials and documents before the first respondent in support of their contentions. Sd/- K.T.SANKARAN, JUDGE //True Copy// PA to Judge ab