IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 17525 of 2009(I) -------------------------- PETITIONER(S): --------------- E.SUKUMARAN, EROOR KUNNUMEL HOUSE, AGASTHYAN MUZHI, MUKKAM, KOZHIKODE. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. STATE PROJECT DIRECTOR, SARVA SIKSHA ABHYAN, S S A BHAVAN, NANDAVANAM, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVT., LOCAL SELF GOVT. DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17525/2009-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of January, 2010 J U D G M E N T The petitioner is the Director of the Research Centre for English Language, namely, 'MIND' at Kozhikode. It is averred in the writ petition that they have published many books under the Kids Library Series, an English language reading material for primary school level students. The titles of the Kids Library Series books have been detailed in paragraph (1) of the writ petition. 2. The Government have been issuing permissive sanction to the Grama Panchayats in Kerala to purchase any or all the books “Kids Library Series” published by the MIND for the school libraries in the Panchayats. Ext.P1 is the copy of the order granting permissive sanction dated 03/02/2006. Ext.P2 is a copy of another order granting permission in the year 2007-08. 3. Aggrieved by the dropping of the petitioner's books from the list published for the year 2009, this writ petition has been filed. Pursuant to the direction issued by this Court, an affidavit has been filed by the first respondent. It is averred in the affidavit that the books for classes 1, 2, 3, 5 and 7 intended for extra reading and reference books for teachers were selected by the Committee W.P.(C). No.17525/2009 -:2:- constituted for the purpose. The particulars of the members of the Committee are as given below:- i.Prof.Pappootty, Director, Encyclopedia Publications, Kerala. ii.Shri Rubin Decruz, Director, Balashaitya Institute, Kerala. iii.Prof.Pokker, Director, Bhasha Institute, Kerala. iv.Dr.Jayadevan, Director, Literacy Mission, Kerala. It is pointed out that the books were selected by the Committee for the above purpose and they have got the power to accept or reject the books. 4. The question is whether the petitioner has got any right to insist that the books should be selected every year. It is clear that the Government has appointed a Committee for this purpose which will be selecting the books. The petitioner has not pointed out any scheme or other Government Orders which entitles the petitioner's books, “Kids Library Series”, to continue in the list, that is being prepared for according permissive sanction by the Government, every year, to the Panchayat concerned to purchase these books. In the absence of any such legal right, the matter will have to be governed by the selection made by the Expert Committee. It is pointed out that after scrutiny, the books were selected by the Expert Committee, W.P.(C). No.17525/2009 -:3:- and in view of the above circumstances, the writ petition fails, and the same is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms