IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 21176 of 2008(U) -------------------------- PETITIONERS: --------------- 1. P.C. VARGHESE, S/O. CHACKO CHACKO, PUTHENPARAMBIL HOUSE, THUDAYANNOOR.P.O, KADAKKAL, KOLLAM. 2. S.R. BINOD, S/O. SASIDHARAN PILLAI, SASI MANDIRAM, THUDAYANNOOR.P.O, KADAKKAL, KOLLAM. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE MANAGER, KAVITHA ENGLISH MEDIUM LP AND UP SCHOOL, (UNAIDED), THUDAYANNOOR.P.O, KADAKKAL, KOLLAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No.21176 of 2008 ---------------------------------------- Dated this the 11th day of February , 2009 JUDGMENT The petitioners are the parents of 3 students studying in the Kavitha English Medium L.P and U.P School which is an unaided and unrecognised School. It is the petitioners' case that the Government is duty bound to ensure the facility for primary education in their locality where there is no aided or Government Schools. It is also averred in the writ petition that the Government has sanctioned year-wise permission to conduct the examination and to issue the Transfer Certificate . It is prayed that a direction may be issued to the 1st respondent to give recognition to the 3rd respondent's unaided primary School for the current academic year or alternatively to set up a Government primary school or aided primary school in Thudayannoor in Kollam District . The questions raised in this writ petition is regarding the conferment of recognition to unaided and unrecognised schools The Apex Court in the decisions viz. C.B.S.E. and another Vs. P.Sunil Kumar and Others { (1998) 5 SCC 377} and Minor Sunil Oraon Tr.Guardian & Others Vs.C.B.S.E. & Others (JT 2006 (10) SC 375} held that without recognition or affiliation, a school cannot be permitted to conduct examinations. . Many unaided and unrecognised schools are functioning in the W.P.(C) No. 21176 of 2008 -2- State. These type of schools are functioning at the risk of those persons who are running the same. The question whether recognition can be granted or not for such schools is a matter which can only be decided by the State Government . This Court cannot interfere and grant relief sought for in this writ petition. It is open for the petitioners or the Educational agency concerned to approach the State Government for redressing their grievances and the State Government shall take appropriate decisions in such cases. This writ petition is dismissed. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 21176 of 2008 ---------------------------- JUDGMENT 11th February, 2009