IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 10503 of 2009(G) ----------------------------------------- PETITIONER(S): ------------------------ 1. ASIYA.A, ATHAKKATH HOUSE, ULLANAM NORTH P.O., MALAPPURAM DT., REP. BY GUARDIAN A.ABOOBACKER. 2. FAYIZA.V.P., VALIYAPEEDIYEKKAL HOUSE, ULLANAM NORTH P.O., MALAPPURAM DT., REP. BY GUARDIAN SAIDALAVI.V.P. 3. FOUSIYA.C., CHEMBAN HOUSE, ULLANAM NORTH P.O., MALAPPURAM DT., REP. BY GUARDIAN ABDURAHIMAN KUTTY.C. 4. JUHAINA BEEVI.M, MATTATH, KURUPPATH HOUSE, DO. DO. REPRESENTED BY GUARDIAN MUHAMMED KOYA THANGAI.M. 5. JUVAIRIYA.M., MADHARI, CHELAPPURAM HOUSE, DO. DO. REPRESENTED BY GUARDIAN MUHAMMED.M. 6. KHAIRUNNISA.M, MALIYEKKAL HOUSE, ULLANAM NORTH P.O., MALAPPURAM DT., REP.BY GUARDIAN MOIDEENKUTTY.M. 7. MAIMOONATH.M, MALIYEKKAL HOUSE, ULLANAM NORTH P.O., MALAPPURAM DT., REP.BY GUARDIAN SULAIKHA.A. 8. MUJEEDA.P.P., PARIPARAMBATH HOUSE, DO. DO. REPRESENTED BY GUARDIAN ASMABI.M. 9. MUJEERA.K., KAREECHIYIL, YELLAKKIL HOUSE, DO. DO., REPRESENTED BY GUARDIAN KUNCHAVA.K. Kss .2/- ..2..... WPC.NO.10503/2009G 10. NOORA RAJNAS.K.K., KODALI KODEN, DO. DO. REPRESENTED BY GUARDIAN ABDUL KHADER.K.K. 11. NUSAIBA.M.K., MOONNAM KANDATHIL KORAD HOUSE, DO. DO., REP. BY GUARDIAN SUBAIR.M.K. 12. NUSRATH SABANA.C.V., CHERUVALAPPIL, VADAKKEPARAMBIL HOUSE, DO. DO., REP. BY GUARDIAN SABIRA.T.V. 13. RAIHANATH.T., THENGILAN, CHATHANTHODI HOUSE, DO. DO. REP. BY GUARDIAN T.MOOSA. 14. RASHEEDA.P.P., PARIPARAMBATH HOUSE, DO. DO., REP. BY GUARDIAN SAIDALAVI P.P. 15. SAFOORA.C., CHEMBAN, PANARAMBATH HOUSE, DO. DO. REP. BY GUARDIAN KADHEEJA.K.M. 16. SAIFUNNISA.K., KUNNATHERI, CHERUNGAL HOUSE, DO. DO. REP. BY GUARDIAN MAIMOONA P.K. 17. SAJIDA.V.C.,VADAKKECHOLAKATH, KUNOORT HOUSE, DO. DO. REP. BY GUARDIAN NAFEESA.P.P. 18. SAKEENA.K., KARUMADATH HOUSE, DO. DO. REPRESENTED BY GUARDIAN SHAREEFA.P.K. 19. SAFEEDHA.K., KUNDANATH, PALAKKAL HOUSE, DO. DO. REP. BY GUARDIAN SAKEENA. 20. SHAHARABANU.C.N., CHERACHEN VEETTIL NADAMTHOTTIL, POOVATHINKAVIL HOUSE, DO. REP. BY GUARDIAN ABDUL GAFOOR.C.N. 21. SHAHEERA.K.P., KATTIL PEEDIYEKKAL HOUSE, DO. DO. REPRESENTED BY GUARDIAN RASIYA.V.P. Kss ..3/- ...3..... WPC.NO.10503/2009 G 22. SHAHLA SHABNAM.V.P., VADAKKEPURATH, YUDIYANNOOR HOUSE, DO. DO. REPRESENTED BY GUARDIAN SULAIKHA. 23. SIRAJUNNEESA.M, MALIYEKKAL, PALAKKAL HOUSE, DO. DO. REPRESENTED BY GUARDIAN BEEVATHU. 24. THASLEENA.P.P., PARI PARAMBATH HOUSE, DO. DO. REPRESENTED BY GUARDIAN MAIMOONA. 25. UMMU FADLA.N, NALLEDATHVALEKKARA HOUSE, DO. DO., REPRESENTED BY GUARDIAN MUHAMMED HAJI. 26. FATHIMA SULFIYA.M, MALIYEKKAL HOUSE, REPRESENTED BY GUARDIAN ALI.M 27. HASEENA.P, PALLIYALI HOUSE, REPRESENTED BY GURDIABN ASIYA.M. 28. KHADEEJA.M, MALIYEKKAL HOUSE, REPRESENTED BY GUARDIAN MOIDEENKUTTY.M. 29. NAFIYATH.M, MANDOTI HOUSE, -DO- REPRESENTED BY GUARDIAN ITHEEMU.M. 30. SUMAYYA.K, KOZHISSERY HOUSE, REPRESENTED BY GUARDIAN FATHIMA.P.P. 31. SUMAYYA.M.V, MANALEPPA VEETIL HOUSE, REPRESENTED BY GUARDIAN MUHAMMED.M.V. 32. ABDUL GAFOOR.P.P, PADINCHAREPEEDIYEKKAL PURAYIL HOUSE, REPRESENTED BY GUARDIAN FATHIMA.C. 33. ABDUL RAHEEM.K, KUNNUMMAL HOUSE, REPRESENTED BY GUARDIAN SUBAIDA.K. 34. IBRAHIM.M, MALIYEKKAL, MANGALASSERY HOUSE, REPRESENTED BY GUARDIAN SUBAIDA.K. Kss ..4/- ..4... WPC.NO.10503/2009G 35. JAHFRALI.M, MALIYEKKAL, VALAKKARA HOUSE, REPRESENTED BY GUARDIAN JAMEELA.P. 36. MOHAMMED AMMEN.P, PALLIYALI HOUSE, REPRESENTED BY GUARDIAN NAFEESA.P. 37. MUHAMMED FADIL.K.K, KODALIKODAN, POORATHINKAVIL HOUSE, -DO- REPRESENTED BY GUARDIAN RUKHIYA. 38. MUHAMMED MUSTHAFA.A, AMMARAMBATH, KALATHINGAL HOUSE, -DO- REPRESENTED BY GUUARDIAN MOIDEENKUTTY.A. 39. MUHAMMED RIYAS.K, KALATHINGAL HOUSE, -DO- REPRESENTED BY GUARDIAN MAIMOONA.K. 40. MUHAMMED SHAFEEQUE.M, MOOLANCHERY THAYYIL HOUSE, -DO- REPRESENTED BY GUARDIAN SUBAIDA.M. 41. MUHAMMED SHAMEEM.V.K, VDAKKANCHERI KELAMPALLIKKAL HOUSE, -DO- REPRESENTED BY GUARDIAN RAMLA.M. 42. NOUFA.K, KOZHISSERY HOUSE, -DO- REPRESENTED BY GUARDIAN SULAIKHA.T.P. 43. RAFEEQUE.M, MADAPPALLI HOUSE, -DO-, REPRESENTED BY GUARDIAN ABOOBACKER.M. 44. RAHATH.V.P., VALIYAPEEDIYAKKAL, POOVATHIN KAVIL HOUSE, DO. DO. REPRESENTED BY GUARDIAN SHAREEFA.K.P. 45. SHIHABUDHEEN.T., THENGILAN HOUSE, DO. DO. REPRESENTED BY GUARDIAN SAFIYA. 46. SHUHAIB.K., KONDANATH HOUSE, DO. REP. BY GUARDIAN USMAN.K. Kss ..5/- ...5.... WPC.NO.10503/2009 G 47. SHUHAIB.P.P., PARI PARAMBATH HOUSE, DO. DO. REPRESENTED BY GUARDIAN ABDUL ASEES.P.P. 48. SUHAIL.M, MALIYEKKAL, MANGALASSERY HOUSE, DO. DO., REPRESENTED BY GUARDIAN SUHARABI.P. 49. SAINUL ABID.C, CHATHRATHIL HOUSE, DO. DO. REPRESENTED BY GUARDIAN FATHIMA SUHARA.T. 50. ANAS.K.P., KATTIL PEEDIYEKKAL HOUSE,DO. REPRESENTED BY GUARDIAN AMINA.C.K. 51. MUHAMMED FARIS MAMNOON.C.V, CHERU VALAPPIL HOUSE, DO. DO., REPRESENTED BY GUARDIAN ASIYA.M. 52. SIDHEEQUE.C, CHEMBAN PALAKKAD HOUSE, DO. DO., REPRESENTED BY GUARDIAN SAIDALAVI.C. BY MR.P.RAVINDRAN, SENIOR ADVOCATE, MR.HARIKRISHNAN RAVINDRAN. RESPONDENT(S): ---------------------------- 1. THE MANAGER, AL-AZHAR HIGH SCHOOL, PARAPPANANGADI, MALAPPURAM DISTRICT. 2. THE DISTRICT EDUCAITONAL OFFICER, TIRUR,MALAPPURAM DISTRICT. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADVOCATE GENERAL MR. C.P.SUDHAKARA PRASAD BY GOVERNMENT PLEADER MR. T.G.SUNILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.10503 of 2009 ===================== Dated this the 7th day of April, 2009. JUDGMENT Heard Sri. P.Ravindran, the learned Senior Advocate appearing for the petitioners and Sri. C.P.Sudhakara Prasad, the learned Advocate General appearing for respondents 2 to 4. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the first respondent Manager. 2. The petitioners, 52 in number, are students who have completed studies in the 10th Standard in Al-Azhar School, Parappanangadi. The said school had temporary recognition for Standards 8, 9 and 10. That recognition was withdrawn with effect from 1.4.2008 as per Ext.P1 order dated 26.5.2008 passed by the District Educational Officer, Tirur. Ext.P1 was communicated to the Manager on 10.6.2008. In the meanwhile, the petitioners had been admitted in the 10th Standard. The Manager challenged Ext.P1 in W.P.(C) No.35928 of 2008 in this Court. By Ext.P4 judgment delivered on 5.12.2008, this Court declined to interfere with Ext.P1 on the short ground that Rule 23 BB of Chapter V of the Kerala Education Rules provides for a revision petition before the Government challenging Ext.P1. Without prejudice to the right of the Manager to invoke the said remedy, the Writ Petition was closed. WP(C) 10503/09 -: 2 :- 3. The Manager did not move the Government in revision. The parents of some of the petitioners herein moved the Secretary to Government, General Education Department. Some of them also moved this Court by filing W.P.(C) No.1611 of 2009. By Ext.P7 judgment delivered on 23.1.2009 this Court directed the Government to consider the revision petition filed by the parents and take a decision therein. As directed by this Court the Government considered the revision petition and passed Ext.P9 order dated 5.3.2009 holding that the request made on behalf of 52 students (the petitioners herein) for permission to appear in the 10th Standard examination cannot be granted. Ext.P9 is under challenge in this Writ Petition wherein the petitioners pray for a writ in the nature of mandamus commanding the official respondents to permit them to appear for the 10th Standard examination scheduled to be held in May, 2009 under the Save A Year scheme, hereinafter referred to as the “SAY scheme” for short. 3. When this Writ Petition came up for admission on 31.3.2009, the learned Government Pleader was requested to get instructions and state whether in the peculiar facts of this case, the petitioners can be permitted to appear for the 10th Standard examination along with other students in the SAY examination scheduled to be held in the first week of May, 2009. When the Writ Petition came up for admission today, Sri. C.P.Sudhakara Prasad, the learned Advocate General appearing for respondents 2 to 4 while contending that the Manager had no right to WP(C) 10503/09 -: 3 :- continue to admit students in the school in view of the fact that the recognition stood withdrawn and the Manager had not chosen to challenge Ext.P1, very fairly submitted that the petitioners herein are the victims of the illegal act of the Manager and as a special case, the Government will permit them to appear for the SAY examination scheduled to be held in May, 2009, if they are otherwise eligible. The learned Advocate General also submitted that if the petitioners have passed the 9th Standard examination and if the requisite fee is remitted they will be permitted as a special case on sympathetic grounds to appear for the SAY examination scheduled to be held in May, 2009. 4. The first respondent Manager has not chosen to challenge Ext.P1. Therefore, Ext.P1 will bind the first respondent Manager so long as it remains in force. However, the pleadings disclose that Ext.P1 was communicated to the Manager only on 10.6.2008. The petitioners were admitted to the 10th Standard prior to that date. On the peculiar facts of this case, and taking note of the concession made at the Bar by the learned Advocate General, I dispose of this Writ Petition with a direction to the competent authority among respondents 2 to 4 to permit the petitioners to appear for the SAY examination scheduled to be held in May, 2009, along with other students who will be taking such examination, subject to the condition that the petitioners shall submit applications in the prescribed form, if any, remit the requisite fee and if they are otherwise eligible to appear for the 10th Standard examination. WP(C) 10503/09 -: 4 :- It is clarified that this order is passed on the basis of the concession made by the learned Advocate General having regard to the peculiar facts of this case and that it will not enable the first respondent Manager so long as Ext.P1 remains in force to continue to admit students or present them for the examination. I also clarify that this order shall not be treated as a precedent for the reason that it is passed taking note of the peculiar facts of this case and also on the basis of the concession extended to the petitioners by the Government on sympathetic grounds. P.N.Ravindran, Judge. ess 7/4