IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 32363 of 2008(C) ----------------------------------------- PETITIONER(S): ------------------------- V.K.P.MAMMOOTTY HAJI, MANAGER, M.R.VOCATIONAL HIGHER SECONDARY SCHOOL, PADNE, KSARAGODE DISTRICT. BY ADV. MR.GEORGE POONTHOTTAM RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KANJANGAD, KASARAGOD DISTRICT. 4. ISLAMIC CULTURAL SCHOOL, PADNE, KASARAGOD DISTRICT. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT. T.B.REMANI R4 BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, MR.J.R.PREM NAVAZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 32363 of 2008-C ------------------------------ Dated this the 17th day of March, 2009. J U D G M E N T Heard Sri.George Poonthottam, the learned counsel appearing for the petitioner, Smt.T.B.Remani, the learned Government Pleader appearing for respondents 1 to 3 and Sri.K.Ramakumar, learned Senior Advocate appearing for the fourth respondent. 2. The petitioner who is the Manager of an aided Vocational Higher Secondary School, challenges the temporary recognition granted to the fourth respondent's school for the academic year 2008-2009 to conduct classes in the standards 5 to 10. The Deputy Director of Education has filed a counter affidavit stating that the temporary recognition granted to the fourth respondent's school has been cancelled. 3. In the light of the fact that permission granted to the fourth respondent to start classes 5 to 10 during the academic year 2008-2009 has been cancelled, the relief prayed for in this writ petition has become infructuous. The writ petition is accordingly closed with the observation that applications to upgrade an existing W.P(C) No. 32363 of 2008-C 2 school shall be entertained only on applications being invited by the Director of Public Instruction after following the procedure prescribed in Rules 2 and 2A of Chapter V of the KER as held by the Apex Court in State of Kerala V. Prasad (2007(3) KLT 531). Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab