IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER SATURDAY, THE 18TH AUGUST 2007 / 27TH SRAVANA 1929 WP(C).No. 20798 of 2007(A) ------------------------------------------ PETITIONERS: ---------------------- 1. K.K.ABDUL LATHEEF, KAKKATTUMAL HOUSE, S/O.P.P.ABDUL RAHMAN, POONOOR AMSOM, POONOOR DESOM, KOILANDY TALUK, KOZHIKODE DISTRICT. 2. P.P.ABDUL LATHEEF, POOPOYIL, MANGAD PO, S/O. MOIDEEN KUNJU, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. ADDL.DIRECTOR OF EDUCATION, DPI, THIRUVANANTHAPURAM. 4. THE SUB DISTRICT EDUCATIONAL OFFICER, BALUSSERI, KOZHIKODE DIST. 5. THE HEADMASTER, G.M.U.P.SCHOOL, POONOOR, UNNIKULAM P.O., KOZHIKODE. Kss .2/- ..2... WPC.NO.20798/2007 A *ADDL.R6 IS IMPLEADED: R6. THE SECRETARY, P.T.A. COMMITTEE, G.M.U.P.SCHOOL, POONOOR, UNNIKULAM P.O., KOZHIKODE DISTRICT. (*ADDL.R6 IS IMPLEADED AS PER ORDER DTD. 12/07/2007 IN I.A.NO.9358/2007) BY ADV. SRI.VINOD SINGH CHERIYAN for Addl.R6 SRI.R.SUDHISH BY GOVERNMENT PLEADER SRI. A.J. VARGHESE for R1 to R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20798/2007 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER PASSED BY THE DPI DTD. 24/05/2007. EXTP2: COPY OF THE REPRESENTATION BEFORE THE DEPUTY DIRECTOR OF EDUCATION, DTD. 18/06/07. EXT.P3: COPY OF THE REPRESENTATION FILED BY THE PETITIONERS AND OTHERS. 2ND RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE REPRESENTATION SUBMITTED BY PTA. EXT.R2(B): COPY OF THE MEMORANDUM SUBMITTED BY TEACHERS. EXT.R2(C): COPY OF THE LETTER NO.B.421/07 DTD. 30/04/07 OF THE ASST. EDUCATIONAL OFFICER, BALUSSERY. EXT.R2(D): COPY OF THE ORDER NO.H4-82993/06/K.DIS. DTD. 24/05/07 OF DPI TRIVANDRUM. EXT.R2(E): COPY OF THE U.O.NOTE NO.H1/79629/06 DTD. 13/02/07. 5TH RESPONDENT'S EXHIBIT: EXT.R5(A): COPY OF MINUTES OF PTA MEETING HELD ON 8/7/2006. 6TH RESPONDENT'S EXHIBITS: EXT.R6(A): COPY OF THE MINUTES OF THE MEETING DTD. 8/07/2007 OF THE PTA. EXT.R6(B): COPY OF THE MINUTES DTD. 20/02/2007 OF THE STAFF COUNCIL OF THE SCHOOL. EXT.R6(C) COPY OF THE DECISION OF THE EXECUTIVE COMMITTEE OF PTA DTD. 27/02/2007. /TRUE COPY/ P.S.TO JUDGE Kss A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.20798 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2007. J U D G M E N T Petitioner No.1 is stated to be the parent of a student studying in Government Moppila Upper Primary school, Poonoor at Unnikulam in Kozhikode district. Petitioner No.2 claims that he is the Convener of Poonoor Government Moppila U.P. School Action Council. They impugn Ext.P1 order issued by the Director of Public Instruction on May 24, 2007 directing implementation of general calendar instead of Muslim calendar in the school from the current academic year i.e. 2007-08. It is contended by the petitioners that the said order is bad on two grounds: (a) It is against the will of the majority of students who belong to Muslim community. (b) The order is bad inasmuch as it had not been issued atleast 10 days before commencement of the academic year. 2. It is contended by the petitioners that about 80% of the students in the school are attending Madrassa classes every day. They also observe “fasting” in the month of Ramzan, The change in the calender will cause undue hardship and inconvenience to the Muslim students in the school. It is also contended by the petitioners that Ext.P1 order was issued by the Director only on May 24, 2007. It could be seen from Rule 5 of Chapter VII that the school calendar ought to have been published atleast 10 days prior to the commencement of the academic year. The above statutory mandate had been violated while issuing Ext.P1 order, it is contended. WP.20798/07 2 3. The Headmaster of the school, Sri.Mohsin.K.K., is present in the Court today, as directed. He has also produced the minutes book of the Parent Teachers' Association. I have carefully perused the above document. 4. It is submitted by the Headmaster that a meeting of the Parent Teachers' Association had been held on August 16, 2007. Out of approximately 800 parents of the Association, 469 had participated. 442 of them had supported the change of calender. They wanted the school to follow the general calendar as ordered by the Director. Only 27 opposed the change in calendar. They insisted that Muslim calendar should be followed as has been done hitherto. 5. It is contended by the learned counsel for the petitioner that the above order issued by the Director will go against the interests of the Muslim community at large, inasmuch as it will curtail their right to practice their religion. Learned counsel invites my attention to a decision rendered by a Division Bench of this Court in Parent Teachers' Association v. Kunhimmu Haji (1997 (1) KLT 534). I have carefully perused the above judgment. I do not find any observation or dictum as laid down in that judgment which could be applied in the facts and circumstances of this case. As noticed already, 469 parents had participated in the meeting of the Association. 442 out of them favoured the change in the calender. Only 27 parents had opposed it. The will of the majority should prevail. Therefore I do not find any merit in the contentions raised by the petitioners. Writ Petition fails and it is accordingly dismissed. an. A.K. Basheer, Judge.