IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 10971 of 2009(N) -------------------------------------- PETITIONER(S): ----------------------- S. SASIDHARAN NAIR, MANAGER, MAHATMA GANDHI MEMORIAL SCHOOL, KALLUMOODU, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.D.SOMASUNDARAM RESPONDENT(S): ------------------------- 1. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. R1 TO R3 BY SR.GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.10971 of 2009 -------------------------------------- Dated 3rd April, 2009 JUDGMENT Heard Sri.D.Somasundaram, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is the Manager of an unaided unrecognized school in Thiruvananthapuram District. In this writ petition, the petitioner seeks a direction to the respondents to consider and take a decision on Ext.P2 application submitted by him for recognition of the school within a time limit to be fixed by this Court. 3. The pleadings disclose that the school was established, without the sanction of the Government. The Apex Court has in State of Kerala v. Prasad (2007(3) KLT 531 (SC)) held that applications for opening and recognition of schools and for upgradation of existing schools can be submitted only after the Director of Public Instruction publishes the final list of areas where new schools are to be opened or existing schools are to be upgraded and that applications received otherwise cannot be considered. The Apex Court has also held that the rigour of the rules cannot be relaxed since it is bound to lead to discrimination, arbitrariness and favouritism. In the light of the WP(C).No.10971/2009 2 authoritative pronouncement of the Apex Court, the application submitted by the petitioner, voluntarily, cannot be directed to be considered and disposed of, whatever be the recommendations made by the subordinate Educational Officers. The petitioner will have to wait till the Director of Public Instruction publishes the final list of areas where new schools are to be opened, in exercise of the powers conferred on him under Rules 2 and 2A of Chapter V of the Kerala Education Rules and invites applications for opening and recognition of new schools, if the locality where the petitioner has established the school is included in the list published by the Director of Public Instruction. Since the petitioner has not produced any material to show that he had applied for permission to open a new school and for its recognition after the Director of Public Instruction had invited applications, the reliefs sought for in this writ petition cannot be granted. The writ petition fails and is accordingly dismissed in limine. P.N.RAVINDRAN Judge TKS