IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 38080 of 2007(G) -------------------------- PETITIONER: --------------- SARIGA PUBLIC SCHOOL ,VETTIKKAVALA P.O. KOTTARAKKARA, KOLLAM REPRESENTED BY ITS MANAGER. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION KOLLAM. GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.38080/2007 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF G.O.(RT) NO.114/97/G.EDN.DT.13.1.1997. EXT.P2(a): COPY OF THE VERIFICATION REPORT DT.23.4.2005. EXT.P2(b): COPY OF THE VERIFICATION REPORT DT.15.3.2006. EXT.P3(a): COPY OF THE ORDER NO.B1/1370/06 DT.21.3.2006. EXT.P3(b): COPY OF THE ORDER NO.B1/811/07 DT.12.4.2007. EXT.P4: COPY OF THE APPLICATION FOR PERMISSION DT.13.12.2004. EXT.P5: COPY OF THE VISIT REPORT DT.23.6.2005. EXT.P6: COPY OF THE ORDER G.O.(Rt) NO.4589/06/G.EDN.DT.20.10.2006. EXT.P7: COPYOF THE JUDGMENT IN W.P.(C) NO.31860/2006 DT.6.3.2007. EXT.P8: COPY OF THE G.O.(Rt) NO.1338/07/G.EDN.DT.23.3.2007. EXT.P9: COPY OF G.O.(P) NO.107/07 G.EDN.DT.13.6.2007. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.38080 OF 2007 ---------------------------------------- Dated this the 1st day of December, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner submits it has filed Ext.P4 application for recognition of an unaided school established by it. The said application is pending for the last one year, it is submitted. 2. The learned Government Pleader, upon instructions, submitted that though the said application is received, the same is not submitted in accordance with law and therefore, it cannot be entertained. 3. The learned counsel for the petitioner submitted that in identical cases, this Court has already issued directions to the Government to consider and dispose of the applications with notice to the applicants. He further submitted that if the petitioner is given a chance its representatives may be able to disabuse the Government and persuade it to allow the application. W.P.(C) No.38080/2007 2 3. Having regard to the facts of the case, the 1st respondent is directed to consider and pass final orders on Ext.P4 after affording an opportunity of being heard to the petitioner, within two months from the date of receipt of a copy of this judgment. It is made clear that we have not expressed any opinion on the maintainability of Ext.P4. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps