IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 27211 of 2007(M) -------------------------- PETITIONER: --------------- MELATH JAYARAJAN, S/O. BALAKRISHNAN, AGED 42 YEARS, KEEZHUPARAMBATH HOUSE,NALLALAM P.O. KOZHIKODE DISTRICT, PRESIDENT, PARENT TEACHERS ASSOCIATION, G.M.U.P.SCHOOL, NALLALAM. BY MR.SUNNY MATHEW,ADVOCATE RESPONDENTS: --------------- 1. THE HEAD MASTER, GOVERNMENT MAPPILA UPPER PRIMARY SCHOOL, NALLALAM P.O., NALLALAM, KOZHIKODE DISTRICT. 2. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, FEROKE P.O., KOZHIKODE DISTRICT. 3. THE ADDITIONAL DIRECTOR OF EDUCATION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.MUHAMOOD T.T. FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, ALONG WITH WPC NO. 27299 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.27211/2007 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MINUTES OF THE MEETING OF THE GENERAL BODY OF THE PARENT TEACHERS ASSOCIATION OF THE GOVERNMENT MAPPILA UPPER PRIMARY SCHOOL, NALLALAM DATED 15.08.2007. EXT.P2: COPY OF THE MINUTES OF THE STAFF COUNCIL MEETING DATED 16.8.2007. EXT.P3: COPY OF THE APPLICATION DATED 18.08.2007 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 05.09.S007 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P5: COPY OF THE ORDER No.(4)/61312/2007/K.DIS./D.P.I. DATED 06.09.2007 PASSED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE LETTER DATED 30.8.2007 SUBMITTED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. TRUE COPY P.A.TO JUDGE T.R. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C) Nos.27211 & 27299 OF 2007 -------------------------------------------- Dated this the 17th day of August, 2009. J U D G M E N T The challenge in W.P.(C)No.27299/2007 is against Exhibit P4 whereby the Director of Public Instruction permitted the change of school calendar from Muslim calendar to General Calendar for the school year 2007-2008. In the other writ petition, the petitioner is seeking to implement the said order passed by the Director of Public Instruction. 2. It is reported by Sri.Sunny Mathew, learned counsel appearing for the petitioner in W.P.(C) No.27211/2007 that the matter has been settled between the parties. The petitioners in W.P.(C) No.27299/2007 have informed the Director of Public Instruction, in terms of the settlement, that they are withdrawing the writ petition and they have no objection in implementing the directions issued by the Director of Public Instruction. Accordingly, the petitioner in W.P.(C) No.27211/2007 by a representation dated 01.08.2009 has requested the Director of Public Instruction to take further action to implement the order. W.P.(C) Nos.27211 & 27299/07 2 It is submitted by the learned Government Pleader that the order of the Director of Public Instruction has not been implemented so far in the light of the pendency of the writ petitions. Therefore, it is upto the Director of Public Instruction to take further action to implement Exhibit P4 order in W.P.(C) No.27299/2007 in terms of the request made by the parties in these writ petitions. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp