IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 20015 of 2011(B) -------------------------- PETITIONER(S): --------------- THE PRINCIPAL, ST. ANN'S PUBLIC SCHOOL, CHERTHALA - 688 524. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. THE MINISTRY OF RAILWAYS, REPRESENTED BY SECRETARY, GOVERNMENT OF INDIA, NEW DELHI - 110 001. 2. THE RAILWAY DIVISIONAL MANAGER, SOUTHERN RAILWAY, TRIVANDRUM - 682 016. 3. THE AREA MANAGER, SOUTHERN RAILWAY, ERNAKULAM - 682 016. 4. COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PALACE, NEW DELHI-110 505. ADV. SRI.C.S.DIAS,SC, RAILWAYS FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.20015/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE DT 3.4.03. P2 COPY OF THE LETTER DT 2.9.08. P3 COPY OF THE LETTER DT 1.12.08. P4 COPY OF THE REQUEST. P5 COPY OF THE REQUEST DT 9.7.08. P6 COPY OF THE LIST OF STUDENTS. P7 COPY OF THE REQUEST DT 20.6.11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 20015 of 2011 B ``````````````````````````````````````````````````````````` Dated this the 29th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is the Principal of St.Ann's Public School, Cherthala in Alappuzha district. According to the petitioner, though the School was established in 1992, on an application made by the School, the fourth respondent, Council for Indian School Certificate Examinations, granted affiliation to the School, the certificate of which is Ext.P1. According to the petitioner, they had applied to the Railway Board for students concession and were issued Ext.P2 letter dated 02.09.2008, advising that the concession can be availed of directly by approaching the concerned Divisional Railway Manager's office, if the School is recognised by Ministry of Education, Government of India or the Education Department of the concerned State Government. It is stated that, since the School has been affiliated by the ICSE coming under the Ministry of Education, Government of W.P.(C) No.20015/2011 : 2 : India, the ICSE itself requested the Railway Divisional Manager by Ext.P3 that the petitioner's School also be included in the list maintained by the Railways for granting concession. Accordingly, the ICSE forwarded Ext.P3 list of schools in Kerala, where the petitioner's school also has been included. In pursuance to the above, on 09.07.2008, the petitioner's school made Ext.P5 request to grant students concession, but there was no response to the request. 2. This year again, by letter dated 20.06.2011, the school requested the second respondent to grant students concession in order to enable the students to undertake study tour in and outside the State. Along with Ext.P7, the school also forwarded Ext.P6, a list of students who proposed to undertake an educational tour to Mysore for the period from 02.09.2011 to 06.09.2011. There was no response to the said request and it is in these circumstances, the writ petition has been filed, praying for the following reliefs:- “ (i) To call for the records relating to Exts.P1 to P7 and to issue a writ of W.P.(C) No.20015/2011 : 3 : mandamus commanding respondents 1 to 3 to give concession for Educational Tour to the students of the petitioner's school by enlisting the petitioner's school as a school entitled for such concession and also to issue orders giving such concession for the students of the petitioner's school who are expecting to travel to Mysore on 02.09.2011 and thereafter to return after such tour, by Railway; (ii) To issue a writ of mandamus commanding the second respondent to consider and pass orders granting concession for tour travel to the students of the petitioner's school especially to the students going for tour on 02.09.2011, by Rail.” 3. Counsel for the petitioner submits that the benefit is being extended to schools, which are affiliated to CBSE and also the schools which are recognised by the State. It is stated that in such circumstances, there is absolutely no justification for discriminating the petitioner's school for the W.P.(C) No.20015/2011 : 4 : only reason that it is affiliated to ICSE. 4. I heard the Standing Counsel appearing for respondents 1 to 3. Although notice issued to the fourth respondent is not returned, since no directions are sought for against the fourth respondent, I do not think it necessary to await service of notice on the said respondent. 5. According to the Standing Counsel for respondents 1 to 3, in 1999, Railways had prepared a list of schools eligible for the benefit of students concession, which includes schools recognised by the State, schools affiliated to CBSE and also schools affiliated to ICSE. The list also does not include the name of the petitioner and it was therefore that the request of the petitioner could not be favourably considered. 6. Thus, the eligibility of a school which is affiliated to ICSE is not disputed by respondents 1 to 3. Then, the only question that is to be resolved is whether the fact that they are not included in the list prepared in 1999 should result in denial of students concession. In my view, this contention also does W.P.(C) No.20015/2011 : 5 : not carry any merit. I say so for the reason that in Ext.P2 dated 02.09.2008, the Secretary to the Railway Board has informed the School as follows:- “ With reference to your letter dated 28.08.2008 on the above subject, it is advised that the concession can be availed of directly by approaching the concerned Divisional Railway Manager's office if your school is recognised by Ministry of Education, Government of India or the Education Department of the concerned State Government.” 7. In this letter, it has been clarified that the school can approach the Divisional Manager concerned if the school is recognised by the Ministry of Education, Government of India or the Education Department of the concerned State Government. As already seen, the Railway themselves have accepted the eligibility of schools affiliated to ICSE. Therefore, eligibility of the petitioner's school is not disputed. In such a situation, in view of Ext.P2, the petitioner could W.P.(C) No.20015/2011 : 6 : approach the Railway Divisional Manager and claim the benefit. Therefore, the fact that the list prepared in 1999 does not include the name of the petitioner could not have resulted in denial of students concession which is otherwise legitimately due to the school. 8. In that view of the matter, I am satisfied that the petitioner is entitled to succeed in this writ petition. Therefore, the writ petition will stand disposed of, directing respondents 1 to 3 to pass orders on Ext.P7 allowing the students concession to the students of petitioner's school, in order to enable them to undertake educational tour to Mysore commencing on 02.09.2011 and for their return journey. Petitioner shall produce a copy of this judgment and writ petition before the second respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/29/08 // True Copy // P.A. To Judge