IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 15736 of 2009(S) ----------------------------------- PETITIONERS: -------------------- 1. ANTONY MAMMINISSERY,PRESIDENT, PARENT TEACHER ASSOCIATION,ST.CLARE ORAL SCHOOL FOR THE DEAF,MANICKAMANGALAM P.O.,PIN-683574, ERNAKULAM DISTRICT. 2. ALL KERALA PARENTS ASSOCIATION OF HEARING IMPAIRED (AKPAHI),ERNAKULAM DISTRICT COMMITTEE,REPRESENTED BY ITS GENERAL SECRETARY, ROYAL SCHOOL FOR HEARING IMPAIRED,NELLIKUZHI P.O., KOTHAMANGALAM,PIN-686691,ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SRI.SABU JOSE RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY,ERNAKULAM. 4. THE MANAGER, ST.CLARE ORAL SCHOOL FOR THE DEAF,MANICKAMANGALAM P.O., ERNAKULAM DISTRICT. R1 TO R3 BY SR.GOVERMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.15736 of 2009 ------------------------------------------ Dated this the 23rd day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed by the President, Parent Teacher Association, St. Clare Oral School for the Deaf, Manickamangalam P.O., Ernakulazm and All Kerala Parents Association of Hearing Impaired (AKPAHI) Ernakulam District Committee, seeking the following reliefs: i. to issue a writ of certiorari or other appropriate order or direction, quashing Ext.P9, P9(a) whereby the petitioners' application for sanctioning special plus two course has been rejected, being arbitrary, illegal and unconstitutional. ii. to issue a writ of mandamus or other appropriate writ or direction commanding the respondents 1 to 3 to sanction special plus two course either in St. Clare Oral school for the Deaf, Manickamangalam or in any of the nearby Government schools by providing there special facilities for teaching this disabled children (hearing impaired) and by appointing teachers specially trained to teach them by sign language etc., this year itself namely 2009-2010, iii. to declare that the 1st respondent is duty bound to sanction plus two course as stated above this year (2009-2010) itself, as the special disabled WP.(C) No.15736 of 2009 - 2 - children who have passed out SSLC from the special schools in Ernakulam district and surrounding places have no other facility for such higher education in this District or in the surrounding districts. iv. to issue a writ of mandamus or other appropriate writ or direction, commanding the respondents that the students who applied for plus one course this year (as show in Ext.P11) shall be permitted to join for plus one course (computer science) in the St. Clare Oral School for the deaf or in any other nearby Government school, by providing such facilities and appointing specially trained teachers there, this year itself.” 2. The main contention of the petitioners is that in respect of this under privileged and disabled students, the Government is not taking appropriate steps for sanctioning a Higher Secondary School for education of the hearing impaired students. Therefore, they seek recognition to the Plus Two Course in the existing High School of the 4th respondent herein. 3. We do not intend to go into the merits of the case at this stage, since the representations given by the petitioners and the 4th respondent in this regard as per Exts.P7 and P8 are pending consideration before the Government and no action has been taken so far. As such, we deem it proper to direct the first WP.(C) No.15736 of 2009 - 3 - respondent to consider those representations and take appropriate decision in accordance with law after affording reasonable opportunity of hearing to the petitioners and the 4th respondent within two months from the date of receipt of a copy of this judgment. It is made clear that it will be open to the Government to call for reports, if necessary, from the concerned department. Writ petition is disposed of with the above direction. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns