IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 14746 of 2004(E) ---------------------------------- PETITIONER(S): ----------------------- 1. K.M.MEERAN, PRESIDENT, PARENT TEACHERS ASSOCIATION, S.N.ENGLISH MEDIUM L.P. AND U.P.SCHOOL, OKKAL-683 550, ERNAKULAM DISTRICT. 2. A.P.PETER, APPADAN HOUSE, RAYONPURAM P.O VALLAM, ERNAKULAM DISTRICT. BY MR.C.P.SUDHAKARA PRASAD, SENIOR ADVOCATE BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. THE MANAGER, S.N.ENGLISH MEDIUM L.P. AND U.P.SCHOOL, OKKAL 683 550, ERNAKULAM DISTRICT. 2. S.N.D.P. YOGAM, BRANCH NO.856, OKKAL-683 550, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, PERUMBAVOOR. R1 & R2 BY ADVS. MR.JOHNSON ABRAHAM, MR.K.J.VINCENT PIOUS, MR.NELSON ABRAHAM. R2 & R3 BY GOVT. PLEADER MR.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14746/2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTIFICATION NO NS 1-81222/2002, DT. 27TH JUNE 2003, (RELEVANT EXTRACT) ISSUED BY THE D.P.I. P2:- COPY OF THE NOTIFICATION NO.NS (1) 45875/02/DPI. DTD. 29TH OCTOBER, 2003 (RELEVANT EXTRACT) ISSUED BY THE D.P.I. P3:- COPY OF THE CIRCULAR NO.1/2004, DTD. 1.1.04 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE COMMUNICATION DTD. 10.3.04 SENT BY THE 2ND RESPONDENT TO THE IST PETITIONER. P5:- COPY OF THE COMMUNICATION DTD. 23.4.04 SENT BY THE 2ND RESPONDENT TO THE IST PETITIONER. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE APPLICATION FOR RECOGNITION FOR L.P.SCHOOL BY RESPONDENTS NO.1 & 2). R1(b):- COPY OF THE APPLICATION FOR RECOGNITION FOR U.P.SCHOOL BY RESPONDENTS NO.1 & 2). R1(c):- COPY OF THE NOTICE PUBLISHED BY THE PRINCIPAL OF S.N. ENGLISH SCHOOL, OKKAL.). TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14746/2004-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of December, 2009 J U D G M E N T This writ petition is filed by the President of a Parent-Teachers Association of an English Medium L.P. & U.P School and a parent, seeking for a direction not to close down the U.P Section so as to enable the students studying in the School to continue their studies in the U.P Section without any break. 2. The first and second respondents have filed a detailed counter affidavit, on 24/05/2004, in the matter. It is pointed out that the School in question is not a recognised School under Kerala Education Act or Kerala Education Rules. The counter affidavit shows that the application for recognition of L.P and U.P School had been submitted separately as per Exts.R1(a) and R1(b). It is also averred that they had put up necessary buildings and infrastructure for the functioning of the L.P. School at that point of time and due to financial stringency they could not start the construction work for U.P School. Accordingly, they decided to drop the project of U.P School in the said academic year. 3. Now, the academic year in question is over and five years have elapsed also. In that view of the matter, W.P.(C). No.14746/2004 -:2:- no further orders are called for in the writ petition. Therefore, the writ petition is closed without prejudice to the right of the petitioners to move again, if required. No costs. (T.R. Ramachandran Nair, Judge.) ms