IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 6942 of 2011(P) ------------------------- PETITIONER(S): ----------------------- 1. N.ALI, PRESIDENT, PARENT TEACHERS ASSOCIATION, HSS, NADUVANNUR, KOYILANDY TALUK, KOZHIKODE DISTRICT-673 614. 2. P.BALAN NAIR, MANAGER, NADUVANNUR HIGHER SECONDARY SCHOOL, P.O.VAKKAYAD, KOYILANDI TALUK, KOZHIKODE DISTRICT-673 614. 3. N.K.VISWANATHAN NAIR, MANAGER, PALORA HIGHER SECONDARY SCHOOL, ULLIYERI P.O., KOYILANDY TALUK, KOZHIKODE. 4. A.V.ABDULLA, MANAGER, NOCHAT HIGHER SECONDARY SCHOOL, NOCHAT, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.R.VENKATESH RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT-673 573. 4. NADUVANNUR SOUTH A.M.U.P.SCHOOL, REPRESENTED BY ITS MANAGER P.ISMAIL, KOYILANDY TALUK, KOZHIKODE DISTRICT, NADAVANNUR P.O., DISTRICT KOZHIKODE-673 614. BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6942 OF 2011 --------------------------------------- Dated this the 11th day of March, 2011. J U D G M E N T The petitioners are respectively the President of a Parent Teachers Association and Managers of three schools. Their case is that the 4th respondent is trying to get recognition to his school without any legal justification. It is pointed out that the Government has also not issued any notification inviting application from any interested persons or from management of any running school for the purpose of starting any High School or upgradation of the existing school as contemplated under Rule 2 or 2A of Chapter V KER. 2. It is further pointed out that the 4th respondent appears to have approached the National Commission for Minority Educational Institutions seeking upgradation of the present aided UP school. The National Commission for Minority Educational Institutions appears to have passed Exhibit P2 order whereby his application was recommended to the State Government for W.P.(C) No.6942/2011 2 upgradation. It is pointed out that the procedures under the Kerala Education Act and Rules cannot be bypassed by obtaining such direction. 3. The apprehension of the petitioners is that the Government may be granting upgradation without following any procedures under the Kerala Education Act and Rules. 4. Learned Government Pleader submitted that what is evident from Ext.P2 issued by the National Minority Commission is only a recommendation and the Government will consider it only if a proper notification is issued under the relevant Rules inviting application and it is not a case where the Government is straight away granting upgradation based on Exhibit P2 order passed by the National Minority Commission. The above submission is recorded and this writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp