IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WA.No. 399 of 2006() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4195/2004 Dated 09/11/2005 .................... APPELLANT/PETITIONER IN THE WRIT PETITION: ------------------------ N.ABOOBACKER, MANAGER, A.U.P.SCHOOL, POOKKOTTUR. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.P.K.VIJAYAMOHANAN RESPONDENTS/RESPONDENTS IN THE WRIT PETITION: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, HTIRUVANANTHAPURAM. 4. THE SECRETARY, MELMURI MUSLIM EDUCATION TRUST, MELMURI P.O., MALAPPURAM. 5. THE PARENT TEACHERS ASSOCIATION, REPRESENTED BY ITS SECRETARY, THE GOVERNMENT MAPPILA UPPER PRIMARY SCHOOL, MELMURI P.O., MELMURI. 6. PREJITHA K., AGED 20 YEARS, D/O.GOPALAN K., KUNNATH HOUSE, P.O.POOKKOTTUR, MALAPPURAM. 7. REEJA K.C., AGED 28 YEARS, D/O.VELAYUDHAN NAIR, CHITHRALAYA HOUSE, MALAPPURAM. WA.399/06 8. SMITH P.K., AGED 26 YEARS, D/O.VISWANATHAN NAIR, KAVERI HOUSE, POOKKOTTUR P.O., MALAPPURAM. 9. ABOOBCKER KANNIYAN, AGED 35 YEARS, S/O.MOHAMMED K., KIDANGAZHY, AKRUVAMBRUM P.O., MANJERI. 10. MAJEED P.P., AGED 31 YEARS, S/O.MOHAMMED P.P., PALLIVALI PEEDIYAKAL, P.O.VELMURI, MALAPPURAM. 11. SHANAVAS P., AGED 32 YEARS, S/O.ABDUL MAJEED P., PERUMBALLY HOUSE, KURIKKAL ANNEX, DOWN HILL P.O., MALAPPURAM. 12. RAZIA N., AGED 35 YEARS, D/O.ABOOBACKER V., INSHA 8/137, MUNDUPARAMBA P.O., MALAPPURAM. 13. FEMITHA K.P., AGED 27 YEARS, D/O.ABDUL AZEEZ K.P, ISMAIL MANZIL, P.O.POOKKOTTUR, MALAPPURAM. 14. BASHEER K.O., AGED 31 YEARS, S/O.HASSANKUTTY HAJI, MANNUNGAL HOUSE, ALPARAMBA P.O., ANTIYOOR KUNNU. 15. MUJEEB RAHMAN, AGED 25 YEARS, S/O.KUTTOSA, MULLAPPALLY HOUSE, PONMALA P.O., MALAPPURAM. 16. RAIHANATHA, AGED 24 YEARS, D/O.ABDUR REHMAN, PANACHIKKAL HOUSE, VALLUVAMBRAM P.O., MALAPPURAM. 17. ABDULLA P., AGED 25 YEARS, S/O.ZAINABA, POOVALAN HOUSE, PONMALA P.O., MALAPPURAM. 18. BASHEER VAYANAKARA, AGED 25 YEARS, S/O.MARAKKAR B., MANNIYAN HOUSE, PAPPINIPARA P.O., MANJERI. 19. LAILA KALATHINKAL PAYANOLI, AGD 24 YEARS, D/O.KUNJAHMED KUTTY, K.P.HOUSE, P.O.MELANGADI. 20. SAJEER BABU E., AGED 26 YEARS, S/O.MOHAMMED ALI, ELAYODATH HOUSE, PERUMBALAM P.O., MALAPPURAM. WA.399/06 21. ZAINABA POTTANCHALI, AGED 30 YEARS, D/O.VENTHEEN P.O., PATHANAPURAM, KEEZHUPARAMBA. 22. UMMU KULSU, MELATTICKAL, AGED 25 YEARS, D/O.AMINA, MELATTICKAL HOUSE, VALIYAPARAMBU P.O. 23. SAINUDHEEN - VILLAN, AGED 30 YEARS, S/O.AHMED KUTTY VILLAN, PALLIYALIL HOUSE, PONMALA P.O. 24. MOHAMMED BASHEER P.O., AGED 28 YEARS, S/O.ADBUL GAFOOR, P.A., MADASSERY HOUSE, MELMURI P.O. 25. NIZAR M., AGED 32 YEARS, S/O.ABDUL MADAMBI, THATTAYIL HOUSE, MELMURI P.O., MALAPPURAM. ADV. SRI.O.V.RADHAKRISHNAN (SR.) FOR R6TO 25 SRI.ABDUL MAJEED.N FOR R6 TO 25 SRI.ESM.KABEER FOR R6 TO 25 SRI.K.RAMAKUMAR (SR.) FOR R4 SRI.ESM.KABEER FOR R4 GOVT.PLEADER SRI.BENNY GERVACIS FOR R1 TO R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.399 OF 2006 () ----------------------------------- Dated this the 26th day of September, 2008 J U D G M E N T KOSHY,J. The 4th respondent, Melmuri Muslim Education Trust was running a Lower Primary School in an unaided sector. Since their request for making it as an aided school and upgrade it to the High School level was rejected, they approached this Court. By judgment in WP(C).20590/2003, this Court directed the Government to consider their request. In view of the direction of this Court, matter was considered by the Government. Government noticed that Melmuri village is an educationally backward village and is dominated by financially backward classes. There are six Harijan colonies in the area and no High School exists within a radius of 7 Kms. The children hailing from socially, educationally and economically backward families find it difficult to pursue their W.A.399/06 2 studies beyond IVth Standard for want of U.P. and High School in the locality. Government also noticed that the Director of Public Instructions has recommended the proposal of opening a High school to the benefit of about 6000 families. In the above circumstances, in relaxation of the existing economy orders, Government sanctioned the upgradation of the above School and also made it as an aided School. The appellant/petitioner challenged the above Ext.P1 on the contention that while sanctioning the above school, rules were violated. It is also stated that appellant's school is situated in Pookkottur, a nearby village and appellant's application before the Government for upgradation of his School (Ext.P4) was not considered. It is his case that students from Melmuri village can also study in his School. It is true that Government has passed the impugned order on the basis of the direction of this Court. Government considered the matter and for valid reasons, Ext.P1 was issued. On going through Ext.P1, we cannot say that reasons stated by the Government are not sufficient in allowing an aided school in the backward area and upgrade it to High W.A.399/06 3 School level. Therefore, the learned Single Judge correctly did not interfere in Ext.P1 order. If the appellant has got a case that if his School also wants upgradation to the High School or Higher Secondary School level, appellant can now make an application before the Government for making his School to High School level and Higher secondary School level, as the case may be. If it has got all the required parameters, it is for the Government to consider the same according to the present norms. With the above observations, this writ appeal is disposed of. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th September, 2008