IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 2714 of 2009(W) -------------------------------------- PETITIONER(S): ---------------------- 1. T.BHARATHY, HEAD MISTRESS, SREE VIDYA NIKETHAN ENGLISH MEDIUM SCHOOL, NATTUKAL, MANNAPRA, PALAKKAD 678 681. 2. KAVITHA.K, ADMINISTRATOR, ENGLISH MEDIUM L.P.SCHOOL, KAVASSERY, PALAKKAD 678 543. BY ADV.MR.H.BADARUDDIN RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. SR. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C) No. 2714 of 2009-W --------------------------------------------- Dated this the 16th day of March, 2009. J U D G M E N T Heard Sri.H.Badruddin, the learned counsel for appearing for the petitioners and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioners are the Headmaster and the Administrator respectively of an unrecognized school in Palakkad District. In this writ petition they interalia seek recognition of their educational institution taking note of Exhibits P8 and P9. The Apex Court has in State of Kerala V. Prasad (2007(3) KLT 531) held that applications to open new schools or for upgradation of existing schools can be submitted only after the Director of Public Instruction publishes a final list of areas where new schools are to be opened or existing schools are to be upgraded and that any application received otherwise cannot be considered. In the instant case, the petitioner has not placed on record any material to show that the Director of Public Instruction has published a final list of areas where new schools are to be opened or existing schools are to be upgraded. In that view of the matter no relief can be granted to the petitioners. The writ petition fails and is W.P(C) No. 2714 of 2009-W 2 accordingly dismissed without prejudice to the petitioners' right to apply for recognition as and when the Director of Public Instruction takes action in accordance with Rules 2 and 2A of Chapter V of the KER. P.N.RAVINDRAN JUDGE ab