IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 7902 of 2008(N) ------------------------------ PETITIONER: -------------- THE MANAGER, NOBLE NURSERY AND L.P.ENGLISH MEDIUM SCHOOL, THALASSERY. BY ADVS. SRI.G.SHRIKUMAR SRI.SREEJITH S.NAIR RESPONDENTS: ------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION (GENERAL) DEPARTMENT, THIRUVANANTHAPURAM. BY SMT. M.T.SHEEBA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.7902/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF GOVT. ORDER G.O.(Rt) 4642/2004 DTD. 27.10.04. EXT. P2 : COPY OF GOVT. ORDER G.O.(Rt) 354/05 DTD. 25.1.05. EXT. P3 : COPY OF CIRCULAR DTD. 8.2.06 ISSUED BY R3. EXT. P4 : COPY OF G.O.(Rt) 4589/06 DTD. 20.10.06. EXT. P5 : COPY OF JUDGMENT DTD. 6.3.07 IN WP(C) 6181/07 BEFORE THIS HON'BLE COURT. EXT. P6 : COPY OF AFFIDAVIT FILED BY SECRETARY ALONG WITH I.A.3547/07 IN WP(C) 33341/06. EXT. P7 : COPY OF REPRESENTATION DTD. 2.2.08 SUBMITTED BY PETITIONER TO R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7902 OF 2008 --------------------------------------- Dated this the 21st day of October, 2011. J U D G M E N T The petitioner is the Manager of a private English Medium unrecognized primary school at Chirakkara, Thalassery in Kannur District. The writ petition is filed seeking to quash Ext.P4 order in so far as it imposes restriction on private study upto class V and conduct of annual examinations and issuance of transfer certificate by the petitioner's school. 2. A reading of Ext.P4 shows that the same relates to the academic year 2006-2007. The petitioner relies upon Ext.P5 judgment of this Court in W.P.(C) No.6181/2007. An interim order was passed dated 07.03.2008 whereby it was ordered that if the petitioner moves for holding the examination for the students of his school as requested for in Ext.P7 representation, by presenting the students for the same in any recognised/aided/ Government schools, the competent authority among the respondents shall render all help and pass appropriate orders W.P.(C) No.7902/2008 2 enabling the students to take the examination. It is obvious therefore that for the said year namely, 2006-2007, in the light of the interim order, students were presented for examination. The same will be treated as regular. If any similar orders have been passed by the Government later, it is open to the petitioner to approach this Court again if required. With the above observation, this writ petition is closed. T.R. RAMACHANDRAN NAIR JUDGE smp