IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 4188 of 2008(W) ------------------------- PETITIONERS: ------------ 1. MUHAMMED SHAFEEK, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, KUNHABDULLA MUSLIYAR, S/O.VEERANKUTTY MUSLIYAR, KUNNACHALIL HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 2. MUHAMMED AFSAL, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, SULAIMAN, S/O.MUHAMMED, PARAVAZHANGODU HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 3. MYMOONA.N.K., STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, ALIKKUTTY, S/O.MAMMADEESA, NJARAKKODAN HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 4. MUHAMMED FASIL, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, ABDULLA, S/O.MUHAMMED, VALASEERI HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 5. SHAMSUDHEEN.C.S., STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, MUHAMMED.C.S., S/O.ABDU RAHIMAN, SRAMBIYEKKAL HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 6. MUHAMMED RASHID, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, ABDURAHIMAN, S/O.ALAVI, KOTTIYODAN HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. WP(C).No. 4188/2008/W -2- 7. SAIFUNNISA, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, AHAMMEDKUTTY HAJI, S/O.BICHAMMAD, MUTHAVEEDAN HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 8. MUNEERA.M.V., STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, ABDULLA, S/O.AHAMMEDKUTTY, MUTHAVEEDAN HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 9. RASHEEDA.C.S., STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, C.S.MOIDEEN, S/O. MUHAMMED MUSLIYAR, CHULLIKKODE, MALAPPURAM DISTRICT. 10. SHARMILA SHIRIN, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, ABDUL KAREEM, S/O.KAMMUNNI, KUNNAMBALLI HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 11. ABDUL RASIK.M., STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, MOIDEENKUTTY, S/O.KUNHALIKKUTTY, MUTHAVEEDAN HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 12. MUHAMMED BASHEER, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, ALAVI PARA, S/O.MONTHEEN HAJI, NEDUMPOKKA HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 13. NOUFILA.M., STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, ABDURAHIM, S/O.MUHAMMED, PUTHIYODATH HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 14. JARIYA.P., STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, AHAMMED KOYA, S/O.ALAVI, NEKKIKKUNNATH HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. 15. ABDUL KAREEM, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, MUHAMMED PARA, S/O.MONTHEEN, KOYISSERI HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. WP(C).No. 4188/2008/W -3- 16. ABDUL JALEEL, STANDARD VIII, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, REPRESENTED BY FATHER, MUHAMMED, S/O.KAMMAD, THEKKEYIL PULPARAMBAN HOUSE, CHULLIKKODE, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. THE DEPUTY SECRETARY, GENERAL EDUCATION (G) DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 5. THE HEAD MASTER, GOVERNMENT HIGH SCHOOL, CHULLIKKODE, CHULLIKKODE P.O., MALAPPURAM DISTRICT. 6. THE PARENT TEACHERS ASSOCIATION OF MUTHUVALLUR U.P.SCHOOL, REPRESENTED BY ITS PRESIDENT, VIJAYAN CHOLAYIL, CHOLAYIL HOUSE, KUZHIMANNA P.O., MALAPPURAM DISTRICT. 7. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT. BY ADV. SRI.P.C.SASIDHARAN SENIOR GOVERNMENT PLEADER, SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4188/2008/W APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE ORDER G.O.(MS) NO.202/07/G.EDN DATED THIRUVANANTHAPURAM 27.11.2007. EXT. P2: COPY OF THE ORDER NO.K.DIS./B2/9967/07 DATED 28.12.2007. EXT. P3: COPY OF THE ORDER DATED 03.01.2008 PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO.365/2008. EXT. P4: COPY OF THE LETTER DATED 2.2.2008 ISSUED BY THE HEADMASTER, GOVERNMENT U.P.SCHOOL, CHULLIKKODE WHO IS ALSO ACTING AS THE HEAD MSTER, GOVERNMENT HIGH SCHOOL, CHULLIKKODE. EXT. P5: COPY OF THE ORDER NO.420/08/G.EDN. DATED TRIVANDRUM 21.1.2008. EXT. P6: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 1ST PETITIONER. EXT. P7: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 2ND PETITIONER. EXT. P8: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 3RD PETITIONER. EXT. P9: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 4TH PETITIONER. EXT. P10: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 5TH PETITIONER. EXT. P11: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF OTHE 6TH PETITIONER. EXT. P12: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 7TH PETITIONER. EXT. P13: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 8TH PETITIONER. EXT. P14: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 9TH PETITIONER. EXT. P15: COPY OF THE LETTER DATED 9.2.2008 ISISUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 10TH PETITIONER. EXT. P16: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 11TH PETITIONER. WP(C).No. 4188/2008/W EXT. P17: COPY OF THE LETTER DATED 9.2.20P08 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 12TH PETITIONER. EXT. P18: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 13TH PETITIONER. EXT. P19: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 13TH RESPONDENT. EXT. P20: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 15TH RESPONDENT. EXT. P21: COPY OF THE LETTER DATED 9.2.2008 ISSUED BY THE 5TH RESPONDENT TO THE FATHER OF THE 16TH PETITIONER. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No. 4188 of 2008 (W) ======================= Dated this the 18th day of February, 2008 JUDGMENT The petitioners challenge Ext.P5 order by which it has been directed that the petitioners' be given TC from the School, where they are studying. A counter affidavit has been filed on behalf of the 7th respondent State of Kerala stating that the Government have decided to withdraw Ext.P5 by allowing the students who are continuing at VIIIth standard to pursue their studies up to the end of this academic year alone. This submission is recorded and the writ petition is closed. S.SIRI JAGAN, JUDGE jp 19.2.2008 After pronouncing the judgment, the learned counsel for the 6th respondent submitted that since in the notice received by the W.P.(C) No. 4188/2008/W -2- 6th respondent the date of appearance was fixed on 27-2-2008, he could not appear and argue the case and he also may be heard. Accordingly, the matter was posted to today for further hearing. He submits that as is evident from Ext.P4, the school did not have adequate teaching staff. There is not even the post of headmaster and a headmaster alone can make admissions. Therefore there is nothing wrong in issuing Ext.P5. I am not required to go into these contentions because in the counter affidavit filed by the Government, they have decided not to implement Ext.P5. In the above circumstances, I do not think that any change is required in the judgment pronounced on 18.2.2008. Sd/- S.SIRI JAGAN, JUDGE /TRUE COPY/ P.A. TO JUDGE