IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 27391 of 2008(J) -------------------------- PETITIONER(S): --------------- 1. T. SAIDALAVI, S/O. BEERANKUTTY, THENCHERIPARAMBIL HOUSE, P.O.PUVATHIKKAL, MALAPPURAM DISTRICT. 2. E.K. ABDUL ALI, S/O. MOHAMMED, EETHENAKUZHIYAN THENCHEERI, P.O. PUVATHUKKAL, MALAPPURAM DISTRICT. 3. U. ABOOBACKER, S/O. ALAVI, UZHUNNAN, THACHANA.P.O, P.O. MAITHRA, MALAPPURAM DISTRICT. 4. T. MOHAMMED BASHEER, S/O. MOHAMMED THAZHATHU VEEDAN, THACHANA.P.O, MAITHRA, MALAPPURAM DISTRICT. 5. P. NASAR, S/O. MOHAMMED, PARAMBADAN HOUSE, P.O. MAITHRA, MALAPPURAM DISTRICT. 6. N.C. ASEES, AGED 42, S/O. MOIDEEN, NADUVATHUCH ALI, THENHEERI, P.O. PUVATHIKKAL. BY ADV. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERALA EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL DIRECTOR OF EDUCATION, DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM 4. THE DISTRICT EDUCATION OFFICER, AREEKODE, MALAPPURAM DISTRICT. 5. THE HEAD MASTER, GOVERNMENT M.U.P SCHOOL, MOORKKANADU, URANGATTIRI.P.O, MALAPPURAM DISTRICT. ADV. SRI.P.SAMSUDIN FOR ADDL.R6. SMT. T.B. REMANI, SR.GOVERNMENT PLEADER FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009, ALONG WITH WPC NO. 27441 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the order bearing No.H(4)/46241/08/K.Dis/DPTI dated 3.7.2008 Ext.P2: True copy of the representation Ext.P3: True copy of the representation dated 7.8.2008 Ext.P3(a): True copy of the representation dated 7.8.2008 Ext.P3(b): True copy of the representation dated 7.8.2008 Ext.P3(c): True copy of the representation dated 7.8.2008 Ext.P3(d): True copy of the representation dated 7.8.2008 Ext.P3(e): True copy of the representation dated 7.8.2008 Ext.P3(f): True copy of the representation dated 7.8.2008 /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.27391 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2009 J U D G M E N T Herein the petitioners are the Parents of some of the students studying in the Govt. M.U.P. School, Moorkkanadu, Urangattiri P.O., Malappuram District. They are aggrieved by the order Ext.P1 by which the Director of Public Instructions granted sanction to adopt general calendar instead of Muslim calendar. This order was passed in the light of the decisions of the Parents Teachers Association and staff council which was said to be unanimous. 2. Heard the learned counsel for petitioners, learned Government Pleader and the learned counsel appearing for PTA. In the counter affidavit filed by the 6th respondent, it is averred that since the school was following Muslim Calendar, the students of the school will have to come to school in May during summer when the students in the other schools enjoy vacation. Also the weekly holidays for the school is on two alternative days ie on Fridays and Sundays and this has been WPC.No.27391 OF 2008 : 2 : causing much inconvenience to the students and teachers who are coming from distant places. Ext. R4(a) is the copy of notice of convening General Body meeting and Ext.R6(b) is the copy of the minutes. It is contented that there was no opposition for the change. Therefore the petitioners are not entitled for any reliefs in the writ petition. This court, at this stage may not be justified in going into the disputed questions of facts. The petitioner can move the Government in the matter. If a representation is filed within a period of 10 days from today, the same will be considered and an order in accordance with law will be passed by the first respondent after hearing any of the representatives of the petitioners and the office bearers of PTA within a further period of two months, from the date of receipt of a copy of this judgment. Writ petition is accordingly dismissed. (T.R. RAMACHANDRAN NAIR, JUDGE) jma