IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 29886 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. K.C.SEBASTIAN, S/O. K.M.CHACKO, AGED 65, KAREEMADAM HOUSE, P.O. VADAYAR, PIN-686605,THALAYOLAPARAMBU, KOTTAYAM DIST. 2. JOJI THOMAS, S/O.THOMAS, AGED 34, JOSHI VILAS HOUSE, CHEMMANATHUKARA P.O. VAIKOM, KOTTAYAM DISTRICT. 3. M.J.MATHEW, S/O.JOHN,AGED 70, MAYAPPALLY HOUSE, THEKKENADA P.O. VAIKOM, KOTTAYAM DISTRICT. 4. V.P. MARTIN, S/O.V.K.PETER, AGED 54,KOTTAPARAMBIL HOUSE, MALAYATTOOR, ERNAKULAM DISTRICT. 5. M.D.JOSEPH, S/O. DEVASY, MENACHERY HOUSE, MALAYATTOOR, ERNAKULAM DISTRICT. 6. BIJU C.A., S/O. AGUSTY, AGED 39, CHIRYETH HOUSE, MALAYATOOR, ERNAKULAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DARSANAM EDUCATIONAL AGENCY, VADAYAAR, REPRESENTED BY MANAGER, INFANT JESUS HIGH SCHOOL, VADAYAAR,THALAYOLAPARAMBU,PIN-686605. 4. INFANT JESUS CHURCH EDUCATIONAL AGENCY, VADAYAR REPRESENTED BY MANAGER ST.LOUIS LPS, VADAYAAR, THALAYOLAPARAMBU, PIN-686605. WP(C).No. 29886 of 2009(E) 5. DARSANAM EDUCATIOAL AGENCY, VAIKOM. REPRESENTED BY MANAGER, ST.LOUIS UP SCHOOL, PALLIPPARATHUSSERY P.O. VAIKOM. 6. ST.JOSEPH'S SYRIAN CATHOLIC CHURCH EDUCATIONAL AGENCY, VAIKOM, REPRESENTED BY THE MANAGER, ST.LITTLE THERESA'S HSS,VAIKOM. 7. CORPORATE EDUCATIONAL AGENCY, ST.THOMAS CHURCH, MALAYATTOOR, REPRESENTED BY THE MANAGER, ST.THOMAS H.S.S.MALAYATTOOR. 8. ST.AUGUSTINE'S EDUCATIONAL AGENCY, ARCHDIOCEASE OF ERNAKULAM -ANGAMALY, MAJOR ARCH BISHOP'S HOUSE, KOCHI-31. REPRESENTED BY CORPORATE MANAGER, ST.AUGUSTINE'S EDUCATIONAL AGENCY. 9. ARCHDIOCESE OF ERNAKULAM-ANGAMALY, MAJOR ARCH BISHOP'S HOUSE, KOCHI-31. RPRESENTED BY MAJOR ARCH BISHOP, ARCH BISHOP'S HOUSE, KOCHI-31. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29886/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of October, 2009 J U D G M E N T The petitioners herein are either trustees or members of the respective parishes of the Catholic Church to which the Educational Agencies, namely, respondent Nos.3 to 6 belong. The petitioners are challenging Ext.P3 proposal made before the Director of Public Instruction by the eighth respondent Educational Agency, for amalgamation of various schools. 2. The main contention raised is that Ext.P3 is ultra vires the provisions of the Kerala Education Rules. The contention raised in ground 'A' of the writ petition is that the petitioners' schools were established and maintained by the Parishioners of the respective Churches mentioned in the writ petition to which the schools belong. The petitioners have raised various contentions about the manner in which the present application is filed by the Educational Agency. There is a further contention that the move by the Educational Agency will not conform to the constitution of the Educational Agency. It is a case where the petitioners assert that the Parishioners' consensus have not been obtained in the matter. W.P.(C). No.29886/2009 -:2:- 3. The remedy of the petitioners is to move appropriate forum to establish their rights. Leaving open the said remedy, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms