IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 11106 of 2008(V) -------------------------- PETITIONER: ---------------- THE MANAGER, BAKHITA BHAVAN, BAKHITA ENGLISH MEDIUM SCHOOL, MOTTUMMAL P.O. KANNAPURAM, CHERUKUNNU, KANNUR - 670 331. BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11106 of 2008 APPENDIX EXT.P1: COPY OF COMMUNICATION DTD 2.7.2007 ISSUED BY R1. EXT.P2: COPY OF THE CIRCULAR NO.NSI/42725/07 DTD 20.6.2007 ISSUED FROM THE OFFICE OF R2. EXT.P3: COPY OF THE APPLICATIN DTD 14.6.2007 SUBMITTED BY THE PETITIONER FOR UPGRADATION OF THE SCHOOL AND FOR RECOGNITION. EXT.P4: COPY OF THE REPORT OF R3 RESPONDENT DTD 24.1.2004. EXT.P5: COPY OF THE REPORT OF R3 DTD 12.9.2007. EXT.P6: COPY OF VISIT REPORT OF R3 DTD 20.2.2004. EXT.P7: COPY OF STUDENTS STRENGTH STATEMENT 2007-2008 OF THE PETITIONERS SCHOOL. EXT.P8: COPY OF THE RESOLUTION DTD 11.9.2007 PASSED BY THE KANNAPURAM PANCHAYATH. EXT.P9: COPY OF THE REPRESENTED DTD 19.12.2007 SUBMITTED BY THE PETITONER TO R1. EXT.P10: COPY OF THE REPRESENTATION DTD 14.1.2008 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION. EXT.P11: COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DTD 14.3.2008. EXT.P12: COPY OF THE G.O.(P)NO.107/07/G.EDN. DTD 13.6.2007 ISSUED BY R1. EXT.P13: COPY OF THE CERTIFICATE DTD 19.3.2008 ISSUED BY THE VILLAGE OFFICER, KANNAPURAM. EXT.P14: COPY OF THE CERTIFICATE DTD 17.3.2008 ISSUED THE PRESIDENT, KANNAPURAM GRAMA PANCHAYATH. EXT.P15: COPY OF THE CERTIFICATE DTD 5.2.2008 ISSUED BY SRI. M. PRAKASAN MASTER, M.L.A. AHIKODE IN KANNUR DISTRICT. EXT.P16: COPY OF THE COMMUNICATION DTD 6.3.2008 ISSUED BY R1. EXT.P17: COPY OF THE STUDNETS STRENGTH STATEMENT SHOWING THE COMMUNITY WISE DETAILS OF THE PETITIONER'S SCHOOL. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.11106 OF 2008 ---------------------------------------- Dated this the 1st day of April, 2008 JUDGMENT The petitioner is the manager of an unaided English Medium School. He seeks consideration of application filed by him for upgradation of the School. He has filed Ext.P3 application for the same. He is aggrieved by non-consideration of the same by the 1st respondent. 2. The learned Government pleader submits that going by the Supreme Court decision on the subject, application for upgradation can be considered only if the same is in response to a notification issued by the Director of Public Instruction under the Kerala Education Rules. 3. The learned counsel for the petitioner submits that there is a notification pursuant to which only he has filed Ext.P3 application. 4. I feel that, that is a matter which the Government has to consider while passing orders on Ext.P3 application. In the above circumstances, I dispose of this writ petition with a W.P.(c)No.11106/08 2 direction to the 1st respondent to consider Ext.P3 application of the petitioner in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The petitioner shall forward a copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.11106/08 3