IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 3513 of 2011(L) ------------------------- PETITIONER(S): --------------- THE MANAGER, THE CALICUT ORPHANAGE HIGH SCHOOL, SNEHA NAGAR, KULATHARA P.O., KOZHIKODE-675656, REP. BY ITS PRESENT MANAGER M.MUHAMMED, S/O.HYDROSE. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): --------------- 1. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPURA, THIRUVANANTHAPURAM-695012. 2. THE SECRETARY TO THE COMMISSIONER, THE OFFICE OF COMMISSIONER FOR GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPURA, THIRUVANANTHAPURAM-695012. 3. THE KERALA BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM, KERALA, REP. BY ITS SECRETARY. 4. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 5. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 6. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 7. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. WP(C).No. 3513 of 2011(L) 8. THE ASSISTANT EDUCATIONAL OFFICER, FEROKE. GOVERNMENT PLEADER SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3513 of 2011(L) APPENDIX PETITIONER'S EXTS: EXT.P1 A TRUE COPY OF THE NOTIFICATION DATED 4/09/2010 ISSUED BY THE FIRST RESPONDENT SCHEDULING SSLC EXAMINATION. EXT.P2 A TRUE COPY OF THE SCHOOL LIST 2010 OF KOZHIKODE DISTRICT IN RESPECT OF SSLC EXAMINATION, 2010 EXT.P3 A TRUE COPY OF THE CHECK LIST OF CANDIDATES WHO APPEARED IN SSLC EXAMINATION 2010 FROM PETITIONER'S SCHOOL EXT.P4 A TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF SHRI JABBIR K. IN MARCH, 2010. EXT.P5 A TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF SHRI YASER THARIQUE IN MARCH 2010. EXT.P6 A TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF FIDHA P.T IN MARCH 2009. EXT.P7 A TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF JAZEELA K.IN MARCH 2009. EXT.P8 A TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF MANSOOR K.Y. IN MARCH 2008. EXT.P9 A TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF HADI ABDUL RAHIMAN P. IN MARCH 2008. EXT.P10 A TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF ABDUL RASHEED IN MARCH 2007 EXT.P10(a) A TRUE COPY OF THE SSLC CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF ABU THWARIQUE IN MARCH 2007. EXT.P11 TRUE COPY OF THE LIST OF SCHOOLS, 2011 IN KOZHIKODE DISTRICT PUBLISHED BY THE FIRST RESPONDENT IN WEBSITE (http://sslcapp.kerala.nic.in) WP(C).No. 3513 of 2011(L) EXT.P12 TRUE COPY OF THE DETAILS OF THE SCHOOL PUBLISHED BY THE FIRST RESPONDENT IN WEBSITE (http://sslcapp.kerala.nic.in) EXT.P13 TRUE COPY OF THE COMMUNICATION DATED 28/10/2010 ISSUED BY THE HEADMASTER OF THE PETITIONER'S SCHOOL TO THE SECOND RESPONDENT. EXT.P14 TRUE COPY OF THE CANDIDATE CHECK LIST FOR MARCH 2011 IN RESPECT OF PETITIONER'S SCHOOL. EXT.P15 TRUE COPY OF THE CIRCULAR DATED 13/01/2011 ISSUED BY THE SECOND RESPONDENT. EXT.P16 TRUE COPY OF THE ORDER DATED 3/10/2006 ISSUED BY THE DEO KOZHIKODE EXT.P17 TRUE COPY OF THE APPLICATION DATED 25/02/2008 SUBMITTED BY THE PETITIONER FOR PERMANENT RECOGNITION. EXT.P18 TRUE COPY OF THE DELAY CONDONATION APPLICATION DATED 28/02/2008 SUBMITTED BY THE PETITIONER FOR CONDONING DELAY IN SUBMITTING THE PERMANENT RECOGNITION APPLICATION. EXT.P19 TRUE COPY OF THE ORDER DATED 17/03/2010 PASSED BY THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE CONDONING DELAY. EXT.P20 TRUE COPY OF THE GOVERNMENT ORDER NO.GO (RT). NO.439/2011/GL.EDN.DEPT. DATED 1/02/2011 ISSUED BY THE GOVERNMNT OF KERALA. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3513/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of May, 2011 J U D G M E N T The petitioner is the Manager of a school, namely, Calicut Orphanage High School. The petitioner had to move this Court in the light of the fact that permission was not granted to the students of the petitioner's school to appear for the examination in Std.X. At that point of time, the application for recognition for the year 2006-07 was pending. This Court passed an interim order dated 04/02/2011 permitting the students to attend and appear in the S.S.L.C examination by clubbing with Vocational Higher Secondary School, Cheruvannur, Nallalom. Accordingly, the students have appeared for the examination and, their results have been published also. Ext.P17 is the application filed by the petitioner for permanent recognition for the year 2006-07. It is stated that the same is pending before the concerned authority. It is prayed that a direction may be issued to the competent among the respondents 3 to 7 to take a decision on Ext.P17 application. It is averred in paragraph (9) of the writ petition that Ext.P17 application was returned by the District Educational Officer directing the petitioner to clear certain defects and the petitioner has re-submitted the W.P.(C). No.3513/2011 -:2:- same. It is also submitted that by Ext.P19, the Deputy Director of Education, Kozhikode has already passed an order condoning the delay in submitting the application. 2. Therefore, there will be a direction to the District Educational Officer to pass appropriate orders on Ext.P17 application in accordance with law if the same is pending within two months from the date of receipt of a copy of this Judgment and communicate the decision to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms