IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 W.P.(C).No.21835 of 2008(S) ----------------------------------------------- PETITIONER:- ------------------- THOMAS V.J., AGED 56 YEARS, S/O. JOSEPH VALLIYAMTHADATHIL VALLIYAMTHADATHIL HOUSE, AVOLI PO, ANIKKAD KARA, MUVATTUPUZHA, ERNAKULAM DISTRICT BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SRI.THOMSTINE K.AUGUSTINE SRI.C.N.GOPAKUMAR RESPONDENTS:- ------------------------ 1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA BOOK MARKETING SOCIETY, PUNNAPURAM FORT P.O., THIRUVANANTHAPURAM R1 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. ------------------------------------- W.P.(C).No.21835 of 2008-S ---------------------------------------------- Dated, this the 21st day of July, 2008 JUDGMENT H.L.Dattu,C.J. This public interest litigation is for a direction to the respondents to allow the School Level Purchasing Committee to purchase books from open markets out of the funds allotted to them rather than the books listed in the books exhibition arranged at Town Hall, Ernakulam. It is stated in the writ petition that the Government of Kerala accorded administrative sanction for an amount of Rs.12.50 crores to the Director of Public Instructions for the year 2006-07 for upgradation of Libraries in 100 Government High Schools and Laboratories in 90 Government High Schools out of the 1000 Government Schools in the State. It is further stated that Rs.6,21,550/- each has been allotted to the Deputy Director of Education for 14 districts in the State. It is the further grievance of the petitioner that the Department of General Education has published a list of 746 books in English and 1145 books in Malayalam to be purchased by the concerned Deputy Directors of Education for supplying the same to the selected schools. It is further alleged that the list was prepared keeping the publishers in mind and that certain important books that are necessary for school children are not included in the list. Therefore, the petitioner requests, firstly, for a direction to the 1st respondent to allow the School Level Purchasing Committee to select W.P.(C).No.21835 of 2008-S - 2 - and purchase books from the open market or through the 2nd respondent following the guidelines, secondly, for a direction to the respondents to utilize the balance fund, if any, after selecting necessary books for the school, rather than forcing the School Level Purchasing Committee to buy books for the whole amount allotted and distribute the balance amount, if any, to other schools for setting up library for the improvement of educational standards of those schools and, lastly, for such other reliefs those are deem it necessary on the facts and circumstances of this case. 2. On instructions, Sri.M.P.Sreekrishnan, learned Government Advocate, has produced before us the information that he has collected from the Director of Public Instruction. The same is as under: “From the Grand-in-Aid awarded by the XII Finance Commission, each school in the State (104 school) was set apart for Rs.6,21,550/- for purchasing books in school libraries. The list of books submitted by the publishers were scrutinized and selected by the Book Selection Committee constituted by the Director of Public Instruction vide order no.PL(4)14606/07/DPI dated 13/8/2007. The selected books were published in the education department's website www.education.kerala.gov.in. Again the committee prepared an essential list and that list was also published in the website. Subsequently, the essential list has been cancelled and the school level purchasing committee has been permitted to purchase suitable books to the school library based on the meeting convened by the Hon'ble Education W.P.(C).No.21835 of 2008-S - 3 - Minister on 23/6/2008 at 4 P.M. and the direction of the DPI issued vide letter no.PL(4)14606/07/DPI dated 01/7/2008. Malayalam books published in the website 2804 nos. English books published in the website 2132 nos. The Book Purchasing Committee in the school has the liberty to select books from the list published in the website”. 3. A perusal of the instructions that is received by the learned Government Advocate would clearly demonstrate that now the School Level Purchasing Committee has been permitted to purchase suitable books for the school library. 4. Since now freedom is given to the School Level Purchasing Committee to purchase such of those books which are necessary and useful for the school library, in our opinion, the relief that the petitioner has asked in this writ petition is fully satisfied. Therefore, no further direction need be issued in this writ petition. Accordingly, this writ petition is disposed of. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-