IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7432 of 2009(Y) ------------------------------- PETITIONER : -------------- THE MANAGER, ST.THOMAS LP SCHOOL, OLIPPARA, KAIRADY P.O., AYALUR VIA., CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. MR.SAJAN VARGHEESE K. MR.LIJU. M.P RESPONDENTS : ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE, PALAKKAD DISTRICT. 5. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------------------- W.P.(C) No.7432 OF 2009 --------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT Heard Sri.Sajan Vargheese, the learned counsel appearing for the petitioner. 2. The petitioner is the Manager of an unrecognised Lower Primary School. Relying on Ext.P8 interim order and Ext.P9 judgment of this Court in W.P.(C) No.29460 of 2004, the petitioner seeks the intervention of this Court to enable him to conduct the annual examination for the 4th standard students of his school in the same school itself and to enable him to issue transfer certificates till the Government decides to grant recognition to the school. I am afraid on the terms of Rule 8 of Chapter VI of the Kerala Education Rules, the reliefs prayed for by the petitioner cannot be granted. Further, it is conceded that during the previous year, the 4th standard students of the petitioner's school appeared for the examination in other Government/Aided/Recognised unaided schools. Since the petitioner is running an unrecognized school, the students of the petitioner's school can only be W.P.(C) No.7432 of 2009 2 treated as private study pupils and the said private study pupils can, on the terms of Rule 8 of Chapter VI of Kerala Education Rules, appear for the examination only in another recognised aided or unaided or departmental school. Therefore the reliefs sought by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed with the observation that if the students of the petitioner's school move the Deputy Director of Education concerned in accordance with Rule 8 of Chapter VI of Kerala Education Rules, the said officer shall consider the request sympathetically while taking steps as contemplated by the said Rule. P.N.RAVINDRAN JUDGE pac