IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 15740 of 2005(W) --------------------------------------- PETITIONER(S): --------------------- C.V. CHANDRAN, S/O.VELAYUDHAN, MANAGER, S.N.V.HIGHER SECONDARY & VOCATIONAL HIGHER SECONDARY SCHOOL, ANGADICAL SOUTH P.O. PATHANAMTHITTA DIST. (RESIDING AT SREEVALSAM, ANGADIKKAL SOUTH P.O. PATHANAMTHITTA). BY ADV. MR.GRASHIOUS KURIAKOSE MR.T.K.SREENARAYANA DAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 4. M.K. RADHAKRISHNA PILLAI, MANAGER, KODUMAN HIGH SCHOOL, KODUMAN, PATHANAMTHITTA DIST. RESIDING AT MUKALIL HOUSE, KODUMON P.O. PATHANAMTHITTA. R1 TO R3 BY GOVERNMENT PLEADER MR.DILIP MOHAN. R4 BY SMT.V.P.SEEMANDINI, SENIOR ADVOCATE . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, ALONG WITH WPC NO. 19133 OF 2005 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15740/2005-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 18/05/2005 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2: COPY OF THE NOTICE PUBLISHED BY THE 4TH RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DATED 20/05/2005 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 20/05/2005 ISSUED BY THE 2ND RESPONDENT TO THE DEPUTY DIRECTOR (EDUCATION) PATHANAMTHITTA. EXT.P5: COPY OF THE ORDER DATED 18/05/2005 PASSED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 15740/2005-W & 19133/2005-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2009. JUDGMENT These two writ petitions concern the shifting of a school managed by the 4th respondent in W.P.(C) No.15740/2005. The order impugned is Ext.P5, whereby the school was allowed to be shifted to a new building, in terms of the fitness certificate produced by the 4th respondent. 2. The main ground raised in the writ petitions is that there is no provision in the Kerala Education Act or Rules permitting shifting of a school from one place to another place and that the shifting of the school to the new place tantamount to starting of a new school in the locality. Hence the requirements in Chapter V K.E.R. will have to be complied with and the procedures prescribed therein will have to be followed. 3. In the counter affidavit filed on behalf of the first respondent in W.P.(C) NO.15740/2005, it is explained that the District Educational Officer, at the time of his academic inspection in 2004, directed the 4th respondent to construct a new school building about 1 ½ km. from his school and more than 3 km. away from the petitioner’s school in accordance wpc 15740/05 & 19133/05 2 with the specifications in the KER and accordingly the 4th respondent provided all necessary facilities. Thereafter the Government has granted sanction to the 4th respondent to shift his school to the new building as per Ext.P5. It is also explained that going by Rule 3(6) of Chapter V K.E.R. the Director of Public Instruction shall be competent to change the sites of private schools of all categories which was delegated to Deputy Director of Education. On the basis of the recommendations of these officers, the Government issued orders sanctioning shifting of the school. The shifting of an already existing school cannot be equated to the process of opening of new schools which involves a series of procedures to be completed. 4. The matter regarding shifting of the school was considered by a Division Bench of this Court in W.P.(C) No.16028/2005, wherein this Court permitted the Manager to shift the school before reopening of the school in the year 2005. Therefore, Ext.P5 order has already been implemented long back. It is also reported by the learned counsel for the Manager that the school started functioning in the new building on wpc 15740/05 & 19133/05 3 5.6.2005. In that view of the matter, at this distance of time, it is not necessary to adjudicate the legal issues involved. The same are left open. The writ petitions are closed. No costs. (T.R. Ramachandran Nair, Judge.) kav/