IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 23RD MARCH 2007 / 2ND CHAITHRA 1929 WP(C).No. 10164 of 2007(I) -------------------------- PETITIONER: ------------ SR.MINI GEORGE, S/O GEORGED AGED 40 THE MANAGER, ST.DOMENIC SAVIO ENGLISH MEDIUM L.P.SCHOOL, THIRUMARAYUR P.O. ARAKKUNNAM, ERNAKULAM DISTRICT BY ADV. SRI.ALEXANDER JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SERCRETARY TO GOVT. GENERAL EDUCATION DEPT. GOVT. OF KERALA SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM 3. THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM BY GOVT.PLEADER SRI.T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/07 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------ W.P.(C).No.10164 OF 2007 -------------------------------------------- Dated this the 23rd day of March, 2007 JUDGMENT Petitioner is the manager of an unaided unrecognised school. She seeks a direction to quash Ext.P2 and clause 3 of Ext.P3. She further seeks a direction to allow the petitioner to conduct examination upto standard IV in the school itself and to issue Transfer Certificate for the academic year 2006-07. She also seeks a direction to pass orders on Ext.P6 in the light of Ext.P5 judgment. 2. Petitioner has filed an affidavit undertaking that petitioner's school will apply the provisions of KER with full vigor from the next year onwards and that private study in the petitioner's school will be confined upto and inclusive of standard V from the next academic year(2007-08) and from the next academic year petitioner's school will enable the students to pursue WPC No.10164/07 2 their studies in Government/aided/recognised institutions from standard VI onwards. 3. I heard learned Government Pleader also. In view of the affidavits filed, the writ petition is disposed of directing the third respondent to consider and pass orders on the application filed by the petitioner for permitting the petitioner to conduct annual examinations upto standards IV and to issue Transfer certificates on the basis of the order dated 11-12-2001 within one week from the date of receipt of a copy of this judgment. Subject to the above, impugned clause is upheld. K.M.JOSEPH JUDGE sv. WPC No.10164/07 3