IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 35290 of 2008(A) ----------------------------------------- PETITIONER(S): ------------------------- NAZARUDEEN MOIDU, MOIDU MANZIL, PANDIKADU ROAD, MANJERI N.S.S.COLLEGE P.O., MANJERI – 2, ERNADU TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE CO-ORDINATOR, KERALA STATE OPEN SCHOOL, VIDYABHAVAN, POOJAPPURA, THIRUVANANTHAPURAM – 695 012. BY GOVERNMENT PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.35290/2008 ----------------------------------------------------------- Dated this the 28th day of November, 2008 JUDGMENT Petitioner submits that he was admitted for Plus One course in Computer Science in P.P.M. Higher Secondary School ,Kottukkara in Malappuram District, an aided school, for the academic year 2008-09. According to him, for health reasons he could not continue the course and he submitted an application for registration as a private candidate through the Kerala State Open School. Since the last date for registration was over, he moved the Minister for Education and it would appear from Ext.P5 that the Minister had directed the 2nd respondent to consider the petitioner's case as a special one and to take a decision on the request made by the petitioner. Petitioner submits that, the Minister passed the order on 25.11.2008 and although the same has been produced before the 2nd respondent, the second WP(c).No.35290/2008 2 respondent has not taken any decision on Ext.P5 as directed therein. According to the petitioner, today is the last date for acceptance of the fee for registration as an Open School Student. It is in these circumstances, the writ petition has been filed by the petitioner praying for a direction that the fee be accepted and an expeditious decision be taken on Ext.P5. 2. Petitioner has also a case that, on 18.11.2008, he had approached the Minister for Education, who directed the 2nd respondent to consider the case of the petitioner and that there upon he had approached the 2nd respondent. It is stated that expecting favourable orders, the petitioner had collected his transfer certificate and conduct certificate from the school where he was studying. According to him, it was since orders were not passed as promised, that he had to again move the Minister by Ext.P5. 3. From the above, it is therefore evident that unless the petitioner succeeds in getting registration as a Open School Student, the petitioner will be loosing an academic year. It was probably because of that, despite the delay, WP(c).No.35290/2008 3 that the Minister has also directed that the case of the petitioner be treated as a special one. Necessarily, in the light of the order that the Minister has passed, the 2nd respondent has to consider Ext.P5 and pass orders thereon. Since he has not done so, I direct the 2nd respondent to pass orders on Ext.P5 within ten days of production of a copy of this judgment. In the meanwhile, taking into account the fact that the last date for payment of fee for registration is expiring today, I direct that if the petitioner tenders the fee payable on or before 2nd December, 2008, the 2nd respondent shall accept the same on a provisional basis and subject to his final decision on Ext.P5. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.35290/2008 4