IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 6121 of 2009(I) ------------------------------ PETITIONER: -------------- THE MANAGER, BAKHITA BHAVAN, BAKHITA ENGLISH MEDIUM SCHOOL, MOTTUMMAL P.O., KANNAPURAM, CHERUKUNNU, KANNUR 670 331. BY MR.N.JAMES KOSHY, ADVOCATE. MR.T.SANJAY, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENREAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KERALA, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR. BY MR. K. RAMESH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6121/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF COMMUNICATION DTD. 2.7.07 ISSUED BY R1. EXT. P2 : COPY OF CIRCULAR No.NS1/42725/07 DTD. 20.6.07 ISSUED FROM OFFICE OF R2. EXT. P3 : COPY OF APPLICATION DTD. 14.6.07 SUBMITTED BY PETITIONER FOR UPGRADATION OF SCHOOL AND FOR RECOGNITION. EXT. P4 : COPY OF REPORT OF R3 DTD. 23.3.04. EXT. P5 : COPY OF REPORT OF R3 DTD. 12.9.07. EXT. P6 : COPY OF VISIT REPORT OF R3 DTD. 12.9.07. EXT. P7 : COPY OF STUDENTS STRENGTH STATEMENT 2007-2008 OF PETITIONERS SCHOOL. EXT. P8 : COPY OF RESOLUTION DTD. 11.9.07 PASSED BY KANNAPURAM PANCHAYATH. EXT. P9 : COPY OF REPRESENTATION DTD. 19.12.07 SUBMITTED BY PETITIONER TO R1. EXT. P10 : COPY OF REPRESENTATION DTD. 14.1.08 SUBMITTED BY PETITIONER BEFORE HON'BLE MINISTER FOR EDUCATION. EXT. P11 : COPY OF NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 14.3.08. EXT. P12 : COPY OF G.O.(P) No.107/07/G.Edn DTD. 13.6.07 ISSUED BY R1. EXT. P13 : COPY OF CERTIFICATE DTD. 19.3.08 ISSUED BY VILLAGE OFFICER, KANNAPURAM. EXT. P14 : COPY OF CERTIFICATE DTD. 17.3.08 ISSUED BY PRESIDENT, KANNAPURAM GRAMA PANCHAYATH. EXT. P15 : COPY OF CERTIFICATE DTD. 5.2.08 ISSUED BY M. PRAKASAN MASTER, M.L.A., AZHIKODE IN KANNUR DISTRICT. WP(C).No.6121/2009 EXT. P16 : COPY OF COMMUNICATION DTD. 6.3.08 ISSUED BY R1. EXT. P17 : COPY OF STUDENTS STRENGTH STATEMENT SHOWING THE COMMUNITY WISE DETAILS OF PETITIONER'S SCHOOL. EXT. P18 : COPY OF JUDGMENT DTD. 1.4.08 IN W.P.(C) 11106/08. EXT. P19 : COPY OF ARGUMENT NOTE DTD. 10.6.08 SUBMITTED BY PETITIONER BEFORE R1. EXT. P20 : COPY OF ORDER G.O.(RT) No.5086/08/G.EDN DTD. 17.11.08. EXT. P21 : COPY OF PARTICULARS OF SCHOOLS WITHIN A RADIUS OF 3.5 K.Ms FROM PETITIONER'S SCHOOL. EXT. P22 : COPY OF DETAILS OF NUMBER OF STUDENTS STUDYING IN NEIGHBOURING SEVEN SCHOOL. EXT. P23 : COPY OF STUDENTS' STRENGTH OF PETITIONER'S SCHOOL FOR THE YEAR 2008-2009. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6121 OF 2009 --------------------------------------- Dated this the 25th day of June, 2009. J U D G M E N T The petitioner has filed this writ petition challenging Exhibit P20 order by which the application for upgradation of petitioner's school as High School was rejected by the Government. Apart from raising various contentions on the merits of the matter, learned counsel for the petitioner submitted that on a short ground, the matter will have to be sent back to the Government for reconsideration. It is submitted that the matter was heard on 20.06.2008 by the then Under Secretary to Government and thereafter, Exhibit P20 order dated 17.11.2008 was passed by relying upon the letter dated 05.11.2008 of the Director of Public Instruction, Thiruvananthapuram. This is evident from paragraph 4 of the order. 2. Heard the learned Government Pleader appearing for the respondents. W.P.(C) No.6121/2009 2 3. Presently, Exhibit P20 order has been passed by the Government after relying upon the contents of the said letter. It is pointed out by the learned counsel for the petitioner that the details of the same have not been communicated to the petitioner and the petitioner did not get an opportunity to object to the contents of the said letter. It is also pointed out that the Government has relied upon G.O.(P) No.107/07/G.Edn dated 13.06.2007 while passing Exhibit P20 order, but the said Government Order has been set aside by this Court in State of Kerala vs. Manager, Nirmala Public School and another (2008(2)KHC 836). 4. In the light of the above factual position, the matter will have to be re-heard by the Government after affording an opportunity to the petitioner to submit their objections regarding the contents of the letter dated 05.11.2008 of the Director of Public Instruction as well as other materials that is relied upon by the Government in Exhibit P20. Therefore, this writ petition is allowed. Exhibit P20 is quashed. There will be a direction to the Government to take a W.P.(C) No.6121/2009 3 fresh decision in the matter, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp