IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 35371 of 2010(V) ----------------------------------------- PETITIONER(S): ------------------------ THE MANAGER, M M N S S E M HIGH SCHOOL, PERIMBADARI, MANNARKKAD, PALAKKAD DISTRICT. BY ADVS. SRI.V.A.MUHAMMED, SRI.M.SAJJAD RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY, PAREEKSHA BHAVAN, POOJAPPURA-695 012, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 4. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678 014, PALAKKAD DISTRICT. 5. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678 014, PALAKKAD DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35371/2010 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTIFICATION OF THE 3RD RESPONDENT AND RELEVANT PAGE OF THE LIST OF SCHOOLS DTD. 29/10/2003. P2: COPY OF THE G.O.(P) NO.69/2004/G/EDN. OF THE GOVERNMENT DTD. 20/02/20004. P3: COPY OF THE ORDER NO.A5-A5-3124/08/K.DIS. OF THE DIST. EDUCATIONAL OFFICER DTD. 0/09/2008. P4: COPY OF THE COMMUNICATION NO.A5-7457/2009 OF THE DISTRICT EDUCATIONAL OFFICER DTD. 22/01/2010. P5: COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT DTD. 08/02/2010. P6: COPY OF THE RELEVANT PAGE OF THE VISIT NOTE DTD. 18/12/2004, 14/02/2005, 23/06/2005, 23/06/2006, 29/06/2005, 10/07/2007, 09/07/2008, 30/08/2008, 14/07/2009, 3/07/2010, 2/07/2010 AND 2/08/2010. P7: COPY OF THE DOCUMENT SHOWING TRANSFER OF OWNERSHIP OFTHE SCHOOL DTD. 10/10/2008. P8: COPY OF THE LIST OF STUDENTS DTD. NIL. P9: COPY OF THE CHELAN RECEIPT DTD. 13/10/2010. RESPONDENT'S ANNEXURES: ANNEX.R3(A): COPY OF GOVERNMENT ORDER NO.G.O.(RT) 2055/2010/G.EDN. DTD. 17/05/2010. ANNEX.R3(B): COPY OF GOVERNMENT ORDER DTD. 27/10/2004. /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35371/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of September, 2011 J U D G M E N T The petitioner is the Manager of an Unaided High School. 2. The matter concerns the request for grant of permanent recognition to the school. It is averred in the writ petition that the school has got recognition as per notification dated 29/11/2003 of the Director of Public Instruction. Exts.P1 and P2 are respectively the notification and the Government Order issued by the Government. The Department has been issuing temporary recognition to the school from time to time and Ext.P3 is the order whereby the same was granted upto 31/05/2009. By Ext.P4, the District Educational Officer refused permanent recognition. Challenging the same, the Manager has approached the Government by Ext.P5, which is pending. According to the petitioner, the school is entitled for permanent recognition. 3. The writ petition was filed by the petitioner to allow facilities to the students of the petitioner's W.P.(C). No.35371/2010 -:2:- school to attend S.S.L.C examination in March 2011. By an interim order dated 14/12/2010, this Court directed the respondents to allow the students in the petitioner's school to appear for the examination in March-April 2011 by providing an examination centre in a nearby school. It is submitted that the students have appeared for the examination pursuant to the said interim order. By another interim order dated 06/04/2011, the petitioner was allowed to admit students for the year 2011-12 in the light of the temporary recognition granted. 4. It is submitted by the learned counsel for the petitioner that Ext.P5 has not been considered by the Government so far. 5. In view of the above, there will be a direction to the Government to consider Ext.P5 where the petitioner seeks for grant of permanent recognition and appropriate decision will be taken within four months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms