IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 30621 of 2009(S) ------------------------------------ PETITIONERS: --------------------- 1. SHAJAHAN.M.K. VICE PRESIDENT, PARENT TEACHER ASSOCIATION, SCHOOL FOR THE BLIND AND DEAF MUTTIL, KUTTAMANGALAM, MANDAD.P.O. KALPETTA, WAYANAD DISTRICT. 2. ALL KERALA PARENTS ASSOCIATION OF HEARING IMPAIRED (AKPAHI) WAYANAD DISTRICT COMMITTEE, REPRSENTED BY ITS PRESIDENT, P.IBRAHIM, PARAPURRAM, POOTHAKOLLY, MEPADDY.P.O. SOUTHWAYANAD, WAYANAD DISTRICT. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.BIJIMON C.CHERIAN SRI.DIJO SEBASTIAN RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATION OFFICER, WAYANAD. 4. THE MANAGER, SCHOOL FOR THE BLIND AND DEAF, MUTTIL, KUTTAMANGALAM, MANDAD.P.O. KALPETTA, WAYANAD DISTRICT. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.30621 of 2009 ------------------------------------------ Dated this the 23rd day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed by the Vice President, Parent Teacher Association, School for the Blind and Deaf, Muttil, Kuttamangalam, Kalpetta, Wayanad District and All Kerala Parents Association of Hearing Impaired (AKPAHI) Wayanad District Committee, seeking the following reliefs: i. to issue a writ of certiorari or other appropriate order or direction, quashing Ext.P8 & P12 (a) whereby the application for recognition or aided status to the special High school in the petitioners' school have been returned, being arbitrary, illegal and unconstitutional. ii. To issue a writ of mandamus or other appropriate writ or direction commanding the respondents 1 to 3 to grant recognition to the special High School in the petitioners' existing U.P.School viz; School for the Blind and Deaf under the management of the 4th respondent, where the petitioners' children study, iii. to declare that the 1st respondent is duty bound to grant recognition to the special High school as stated above (Std.VIII to X) this year (2009-2010) itself, as the special disabled children who have WP.(C) No.30621 of 2009 - 2 - passed out Std.VII from the special schools in this area of Wayanad district and surrounding places, have no other facility for such High school education in this District.” 2. The main contention of the petitioners is that in respect of this under privileged and disabled students, the Government is not taking appropriate steps for sanctioning a special High School for education of the hearing impaired students. Therefore, they seek recognition to the special High School in the existing U.P.School of the 4th respondent herein. 3. We do not intend to go into the merits of the case at this stage, since the representations given by the petitioners and the 4th respondent in this regard as per Exts.P13, P14 and P15 are pending consideration before the Government and no action has been taken so far even though Ext.P12 recommendation has reportedly been given by the third respondent. Though a report in favour of the petitioners was submitted by the third respondent, it has been returned by the Government stating that the same can be submitted as and when such a direction is issued by the Government. As such, we deem it proper to direct the first respondent to consider those WP.(C) No.30621 of 2009 - 3 - representations and take appropriate decision in accordance with law after affording reasonable opportunity of hearing to the petitioners and the 4th respondent within two months from the date of receipt of a copy of this judgment. It is made clear that it will be open to the Government to call for reports, if necessary, from the concerned department. Writ petition is disposed of with the above direction. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns