IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 12398 of 2008(A) -------------------------- PETITIONER: ------------ E.B.BYJU, RESIDING AT EDAKKATTU HOUSE, GOVINDAMUTTAM, PUTHUPPALLY VILLAGE, KAYAMKULAM. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 4. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.12398 of 2008 A -------------------------------------- Dated this the 29th day of May, 2008. J U D G M E N T The petitioner is the Manager of a recognised LP, UP and High School. The school was also granted unaided-recognised Plus Two Course in the year 2005 to conduct four batches of unaided Plus Two Courses. The medium of instruction in the school is English. It is stated that there is a popular demand for commencing a Malayalam medium school right from LP to High School. It is stated that the petitioner had submitted an application to the District Educational Officer, Kollam requesting for the grant of an aided school upto X standard. The petitioner states that District Educational Officer returned the application stating that there is no direction to receive the application for opening new school. 2. It is stated that Tsunami affected persons requested the petitioner to commence a free Malayalam medium school for the benefit of the children of the rehabilitated victims of Tsunami. The petitioner also sought permission to commence a division each for V and VIII standards in Malayalam. The District Educational Officer issued Ext.P2 order dated 31.3.2008 to the petitioner. The order reads as follows:- WP(C) No.12398/2008 2 “As per the reference cited you have requested to accord sanction to admit some Malayalam Medium students in UP of HS section in the coming school year 08-09 in Sree Narayana English Medium HSS Valiyakulangara. As a decision vide judgment dtd 19.06.2007 in No. W.P.(C) 13582/07 filed by you for sanctioning Std. I to X in Malayalam medium in Aided Section is pending decision before the Director of Public Instruction, Thiruvananthapuram your request cannot be entertained and hence returned.” 3. The petitioner has filed Ext.P3 representation before the Deputy Director of Education, Kollam requesting to consider the application to start Malayalam medium LP and UP unaided division. Ext.P3 is pending disposal before the Deputy Director of Education, Kollam. 4. The reliefs prayed for in the Writ Petition are the following:- “I. Issue a writ of certiorari or other appropriate writ order or direction quashing Ext.P2 as arbitrary and illegal and without application of mind. II. Issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd respondent to consider WP(C) No.12398/2008 3 Ext.P3 appeal of the petitioner for the grant of permission to conduct Malayalam Medium Classes in the School. III. Issue a writ of mandamus or other appropriate writ order or direction permitting the petitioner to conduct Malayalam Medium Classes for the benefit of the children of the Tsunami affected persons rehabilitated in the locality in the unaided sector. IV. In the alternate direct the Govt. to expedite the consideration of the petitioner's request for aided Malayalam Medium School at any rate prior to the commencement of the admission for academic year 2008-2009. V. Issue such other writ order or direction, as this Hon'ble Court may deem fit and proper to meet the ends of justice And VIII. Award cost.” WP(C) No.12398/2008 4 5. The learned counsel for the petitioner submitted that, for the time being, the petitioner is pressing only relief No.II. The learned Government Pleader submitted that the Deputy Director of Education, Kollam has no jurisdiction to grant the reliefs prayed for by the petitioner. According to the petitioner, going by the Government Orders in force, the Deputy Director of Education would be entitled to pass orders on Ext.P3 or regarding the maintainability of Ext.P3 before the Deputy Director of Education, which shall be decided only by him. I am not expressing any opinion on the merits of Ext.P3. In the facts and circumstances of the case, there will be a direction to the Deputy Director of Education, Kollam to consider and dispose of Ext.P3 as expeditiously as possible, after affording an opportunity of being heard to the petitioner. It is made clear that the claim of the petitioner is not considered on the merits at all while disposing of this Writ Petition. It is also made clear that the disposal of this Writ Petition would not foreclose the petitioner from invoking the other reliefs prayed for in the Writ Petition at the appropriate stage. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. WP(C) No.12398/2008 5 cks