IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 21319 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. M.P. AHAMMED, MANAGER, KARAYAD AMLP SCHOOL, P.O. KARAYAD, MEPPAYYOOR-VIA, KOZHIKODE-673524. 2. K.T. MADHAVI AMMA, MANAGER, A.U.P. SCHOOL, PADINJARETHARA P.O., PADINJARETHARA, WAYANAD. BY ADV. SRI.JIJI THOMAS SRIG.B.SHAMJITH SMT.C.N.NOORUL HIDAYA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY OF GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, TVM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, TVM. 3. THE ASST. EDUCATIONAL OFFICER, KOYILANDY, KOZHIKODE. 4. THE ASST. EDUCATIONAL OFFICER, VYTHIRI, KALPETTA, WAYANAD. ADDL. 5. THE ASST. ENGINEER, SELF LOCAL GOVT. DEPARTMENT, KEEZHARIYOOR, KOZHIKODE. 6. THE ASST. ENGINEER, SELF LOCAL GOVT. DEPARTMENT, PADINJARETHARA, WAYANAD. (ADDL. R5 & R6 IMPLEADED AS PER ORDER IN IA NO.9551/2009 DT.30.7.09) BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.21319 of 2009-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2009. JUDGMENT The petitioners are the Mangers of two pre-K.E.R. schools. They have approached this court challenging Ext.P4 circular issued by the Government regarding the requirement to demolish the pre K.E.R. building and produce fitness certificate for new building, etc. for continued existence. The validity of the said circular was considered by this court in Ext.P7 judgment. It was held by the Division Bench in para 9 of the said judgment that the “specifications under the provisions of the KER regarding the buildings to house the class rooms are applicable only to buildings erected after the commencement of the KER on 1.6.1959, to house new class divisions. The impugned circulars to the extent they stand in the way of using pre-KER buildings, which are strong and certified to be fit by the competent authority, have also been declared ultra vires and unenforcible.” It was clarified that “the various other directions in the impugned orders/letters/circulars concerning the steps to be taken for the safety of the students and teachers and demolition of unsafe buildings, are not interfered with. The concerned Engineer of the Local Self Government Department is wpc 21319/2009 2 directed to inspect the schools of the petitioners immediately and decide whether they are entitled to get fitness certificates for their pre-KER buildings, so that they could house the class divisions in them.” 2. Since the petitioners are challenging the vary same circular, the dictum laid down in Ext.P7 judgment will apply to the petitioners herein also. The petitioners can move the Engineer concerned of the Local Self Government Department in the matter, to get fitness certificate. If the petitioners have got any complaint regarding the non issue of certificate by the concerned authority, they can agitate the same in appropriate proceedings. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/