IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 33742 of 2009(K) ------------------------------------- PETITIONER(S): ------------------------ P.P.MUHAMMED,AGED 65 YEARS, PALLIYALI PEEDIYEKKAL HOUSE, P.O.MELMURI, MALAPPURAM,(SECRETARY,MELMURI MUSLIM EDUCATIONAL TRUST,MELMURI,MALAPPURAM). BY ADVS. MR.ESM.KABEER MR.ABDUL MAJEED.N RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVENMENT,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. R1 TO R3 BY GOVT. PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33742 of 2009-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of December, 2009. JUDGMENT The petitioner herein is the Secretary of an Educational Trust having an aided school with U.P. Section. There is an L.P. School by name Malabar English Medium School which is also working near to the high school from the year 2003 onwards. There are more than 500 students studying in the L.P. School. So far, no recognition was granted by the Educational authorities in spite of various applications submitted by the petitioner. 2. The petitioner is relying upon Ext.P1 notification published on 6.10.2009, calling for objections for the inclusion of the places where schools are proposed to be recognised. It is pointed out that the Ward wherein the English Medium school is working, viz. Ward No.IV of Malappuram Municipality, has not been included in Ext.P1. It is the case of the petitioner that the same is a backward area. The petitioner thereafter filed Ext.P2 application before the Asst. Educational Officer with all details in the matter. Ext.P5 is the copy of the survey report countersigned by the Asst. Educational Officer. The petitioner therefore filed Ext.P6 objection WPC 33742/2009 2 to the notification. The petitioner seeks for a direction to the Director of Public Instruction to consider Ext.P6 before finalising the notification. 3. Learned Govt. Pleader on instructions, submitted that Ext.P6 has been received by the Asst. Educational Officer and along with his report, the Asst. Educational Officer will forward the same to the Deputy Director of Education for transmission to the Director of Public Instruction. Therefore, there will be a direction to the Deputy Director of Education to forward Ext.P6 to the Director of Public Instruction and the Director of Public Instruction will consider the claim of the petitioner also before issuing final notification. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/