IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 W.A.No. 1155 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.16379/2008 Dated 08/04/2009 .................... APPELLANT(S): PETITIONERS: --------------------- 1. SHAFEEK.S., MANAGER, ROSE DALE SCHOOL, UMAYANALLOOR P.O., KOLLAM. 2. SHAJAHAN.A., MANAGER, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 3. RADHAKRISHNAN.R., MANAGER, AMRUTHA E.M., U.P.SCHOOL, POLACHIRA, KOLLAM DISTRICT. 4. G.YESUDASAN, MANAGER, RESMY NURSARY AND LOWER PRIMARY SCHOOL, KANJAVELY P.O., KOLLAM. 5. TITUS K.JOHN, MANAGER, HERBON E.M.SCHOOL, MUKOODU P.O., KUNDARA, KOLLAM DISTRICT. 6. ALICE D., MANAGER, BAPPUJI MEMORIAL BALA BHAVAN SCHOOL, NEDUMPANA P.O., KOLLAM DISTRICT. 7. M.ALEXANDER, MANAGER, INFANT JESUS SCHOOL, NALLILA P.O., KOLLAM DISTRICT. 8. SIMALA, MANAGER, THE NEW NURSERY & L.P.SCHOOL, NEDUMPANA P.O., KOLLAM DISTRICT. 9. SHAFEEK.S., MANAGER, ROSE DALE SCHOOL, PULLICHIRA P.O., KOLLAM DISTRICT. - 2 - W.A. NO.1155/09 10. SHAFEEK.S., MANAGER, ROSE DALE SCHOOL, MYLAKKADU P.O., KOLLAM DISTRICT. 11. S.M.FALEELA, MANAGER, KALA NURSERY SCHOOL, MADANADA, KOLLAM DISTRICT. 12. S.SREEDEVI AMMA, MANAGER, VELANKANNI L.P.SCHOOL, PATTATHANAM, KOLLAM DISTRICT. 13. GEETHA, MANAGER, SREEKRISHNA ENGLISH MEDIUM SCHOOL, PARIPPALLI, KOLLAM. 14. KUNJAMMA THARIAN, MANAGER, ST.THOMAS NURSERY & L.P.SCHOOL, KUREEPPALLI, KANNANALLOOR, KOLLAM. 15. LALITHA.R., MANAGER, VIDYABHAVAN SCHOOL, PUTHENKULAM, KOLLAM. 16. BABY SUSHA, MANAGER, S.N.KIDS ENGLISH MEDIUM SCHOOL, PALAYAMKUNNU, VARKALA, KOLLAM DISTRICT. 17. MADHUSOODHANAN PILLAI, MANAGER, JAYA L.P.SCHOOL, PLULIYATHU MUKKU, KILIKOLLOOR P.O., KOLLAM. 18. SEENATH.S., MANAGER, HOLY BHAVAN CENTRAL SCHOOL, CHUNDA, ANCHAL, KOLLAM. 19. BENAZIR KHALID, LOWER PRIMARY SCHOOLASSISTANT, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 20. SOBHA.L., LOWER PRIMARY SCHOOL ASSISTANT, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 21. PREETHA.B.R., LOWER PRIMARY SCHOOL ASSISTANT, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 22. SANDHYA SHIJU, LOWER PRIMARY SCHOOL ASSISTSANT, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 23. OSEELA, LOWER PRIMARY SCHOOL ASSISTANT, ROSE DALE SCHOOL, UMAYANALLOOR P.O., KOLLAM. - 3 - W.A. NO.1155/09 24. SHANITHA SALIM, LOWER PRIMARY SCHOOL ASSISTANT, KALA NURSRY AND LP.SCHOOL, MADANADA P.O., KOLLAM. 25. SEETHA.M., LOWER PRIMARY SCHOOL ASSISTANT, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM. 26. SHEEBA.A., LOWER PRIMARY SCHOOL ASSISTANT, ROSE DALE SCHOOL, MYLAKADU, KOLLAM. 27. SARITHA.S., LOWER PRIMARY SCHOOL ASSISTANT, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM. 28. VIDYARAJ, LOWER PRIMARY SCHOOL ASSISTANT, ROSE DALE SCHOOL, PULLICHIRA P.O., KOLLAM. 29. SAIDALI.S., MINOR, STUDENT, 4TH STANDARD, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, ALUMMOODU, PULLICHIRA P.O., KOLLAM REPRESENTED BY HIS GUARDIAN FASEELA, SHAHINA MANZIL, MAYYANAD P.O., KOLLAM. 30. SHAFINA.S., MINOR, STUDENT,3RD STANDARD, ROSE DALE SCHOOL, PULLICHIRA P.O., KOLLAM REPRESENTED BY HER GUARDIAN SHAREEF, EDAVILA PUTHEN VEEDU, MAYYANADU P.O., KOLLAM DISTRICT. 31. NIYAS, MINOR, STUDENT, 4TH STANDARD, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM, DIST.REPRESENTED BY HIS GUARDIAN SHAMEENA, EDAVILA VEEDU, MAYYANADU P.O., KOLLAM DISTRICT. 32. RINY TOMY, MINOR, STUDENT, 1ST STANDARD, RESIDENTIAL PUBLIC SCHOOL PULLICHIRA P.O., KOLLAM REPRESENTED BY HER GUARDINA MARYKUTTY, PULLICHIRA P.O., KOLLAM DISTRICT. 33. SNEHA JOHNSON, MINOR, STUDENT, L.K.G., BLUE STAR PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM, REPRESENTED BY HER GUARDIAN PHILOMINA, PLAKANTAZHIKOM, PULLICHIRA, KOLLAM DISTRICT. - 4 - W.A. NO.1155/09 34. ABHILA A.S., MINOR, STUDENT, 2ND STANDARD, BLUE STAR PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM, REPRESENTED BY HER GUARDIAN SHAILA, T.G.HOUSE, THEKKUMKARA, PULLICHIRA, KOLLAM DISTRICT. 35. NIKHILA.S., MINOR, STUDENT, 4TH STANDARD, BLUE STAR PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM, REPRESENTED BY HER GUARDIAN DEEPA, KANESH COTTAGE, VADAKKEVILA P.O., KOLLAM DISTRICT. 36. AMAL SUNISH, MINOR, STUDENT, U.K.G., BLUE STAR PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM, REPRESENTED BY HIS GUARDIAN SHEEBA, SUNI BHAVAN, MAYYANAD, KOLLAM DISTRICT. 37. AMALRAJ, MINOR, STUDENT, 3RD STANDARD, ROSE DALE SCHOOL, PULLICHIRA P.O., KOLLAM DISTRICT REPRESENTED BY HIS GUARDIAN BIJIMOL P., KALARIVILA VEEDU, ARIYAMTHENGU, KOOTTIKADA P.O., KOLLAM. 38. HARIKRISHNA.U., MINOR, 3RD STANDARD, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM REPRESENTED BY HIS GUARDIAN BIJI.L., RESIDING AT AJI BHAVAN, NJARAKUZHI, MAYYANAD P.O., KOLLAM. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.MANU TOM SMT.SMITHA GEORGE RESPONDENTS/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. - 5 - W.A. NO.1155/09 4. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 5. SURENDRAN, S/O.GOPALAN, KUMMATH HOUSE, PENAKAM P.O., MULLASSERY VILLAGE, PERUVALLOOR, TRICHIR. R1 TO R4 BY ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD AND GOVT. PLEADER SRI. T.B. HOOD. R5 BY ADV. SRI.K.S.MADHUSOODANAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ------------------------------------ W.A. No.1155 of 2009 ------------------------------------ Dated, this the 18th day of June, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioners in W.P.(C) No.16379 of 2008 are the appellants. The writ petition was filed by them challenging Ext.P3 order of the Government giving relaxation of the relevant provisions of the K.E.R. so that the students studying in unrecognised schools could join Government/Aided/ Recognised Schools during the academic year 2008-09. According to the appellants, the proposal of the Government contained in the above government order not to allow the functioning of the unrecognised schools in future is unsustainable in law. The respondents filed a counter affidavit supporting the impugned order. After hearing both sides, learned Single Judge by a well reasoned judgment upheld the impugned order and dismissed the writ petition. Feeling aggrieved by the said judgment, this appeal is filed. W.A. No.1155 of 2009 - 2 - 2. Learned Senior Counsel, Sri.K.Ramakumar, submitted that, though the impugned order confers certain benefits to students studying in unrecognised schools, certain portions of the order are ultra vires and beyond the powers of the Government. Special reference is made to the portion of the order, wherein it is stated that, Government have decided to prevent the functioning of unrecognised schools and the actions of the managers in persuading the students to join such schools. According to the learned Senior Counsel, Government have no power or authority to interfere with the functioning of unrecognised schools. Learned Advocate General, Sri.C.P. Sudhakara Prasad, who appeared for the State, brought to our notice the submission made by him before the learned Single Judge, which is noted in paragraph 21 of the judgment under appeal. The relevant portion of the judgment reads as follows: “On the other hand, the learned Advocate General has made an undertaking that action against the unrecognized schools will be taken only after framing necessary rules in the matter. He also stated that at present, there is no W.A. No.1155 of 2009 - 3 - proposal to close down any school or to take any penal action against the school managements on the basis of the Government Order dated 13.5.2008. Learned Advocate General submitted that the Government Order is intended mainly to provide information to the students about the policy of the Government and their intention not to permit unrecognized schools to function in the State. These statements made by the learned Advocate General are recorded.”. 3. We notice that, the above submission made by the learned Advocate General and recorded by the learned Single Judge, would redress the grievance of the appellant against Ext.P3 order, which was highlighted by learned Senior Counsel. Therefore, we find no reason to entertain this appeal. Accordingly, the writ appeal is dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE. Sd/- C.T. RAVIKUMAR, JUDGE. DK.