IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 6302 of 2008(A) ------------------------- PETITIONER: ------------------ MUSLIM EDUCATIONAL & CULTURAL FORUM, PERINGATHUR REPRESENTED BY ITS CONVENOR SRI.SULAIMAN VAYALATH, P.O.PERINGATHOOR, VIA.THALASSERY, KANNUR DISTRICT. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: -------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 6302 OF 2008 ............................................................................ Dated this the 19th June, 2008 J U D G M E N T The petitioner states that it is a society registered under the Societies Registration Act, 1860. The society is established with the object of establishing and running educational institutions in Peringathoor. The society has established the NAM Higher Secondary School and also an L.P. School at Peringathoor. According to the petitioner, the bye-laws of the society would substantiate that the schools are established and administered by a religious minority. The petitioner-society submitted Ext.P2 application dated 18.05.2006 to the Government requesting for the issuance of a declaration that NAM Higher Secondary School, Peringathoor, Thalassery Educational District. managed by Muslim Educational & Cultural Forum is a minority institution under Article 30(1) of the Constitution read with Section 2(5) of the Kerala Education Act. The grievance of the petitioner is that Ext.P2 application is not considered and disposed of by the Government. 2. Learned Government Pleader, on instruction, submits that Ext. P2 application should have been routed through the District Educational Officer concerned. There is no dispute that Ext. P2 application has to be disposed of by the Government. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: i) The petitioner shall submit a copy of Ext. P2 application to the District Educational Officer concerned with a request to forward the same to the Government in accordance with law and as per the instructions issued by the Government from time to W.P.(C) No. 6302 OF 2008 2 time. The District Educational Officer concerned shall forward the same to the Government within a period of one month from the date of receipt of a copy of Ext. P2 application. ii) The first respondent shall consider and dispose of Ext. P2 application in accordance with law, after affording an opportunity of being heard to the petitioner, within a period of three months . iii) The petitioner will be free to produce such other documents and materials before the Government to substantiate its contentions. K.T. SANKARAN, JUDGE. lk