IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WA.No. 401 of 2008 --------------------------------- AGAINST THE JUDGEMENT IN WPC.4771/2008 Dated 11/02/2008 .................... APPELLANT/ PETITIONERS: --------------------------------------- 1. FR.K.J. VINCENT, AGED 57 YEARS, SON OF KUNHIRAMAN, MANAGER, OUR LADY ASSUMPTION HIGH SCHOOL, VLATHANKARA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 2. ANTHRAYOSE, SON OF DEVA SAHAYAM, AGED 55 YEARS, RESIDING AT A.S. BHAVAN, KANNAYRE, CHENKAL P.O. VLATHANKARA, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.JOHNSON GOMEZ & FR.JOHNY THOTTAM RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION (GENERAL), OFFICE OF THE D.P.I, THIRUVANANTHAPURAM. 3. DIRECTOR OF PUBLIC INSTRUCTION, D.P.I., THIRUVANANTHAPURAM. 4. DISTRICT EDUCATION OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM. WA 401/08. 5. THE STAFF SECRETARY, VRINDAVAN HIGH SCHOOL, VLATHANKARA, CHENKAL, NEYYATTINKARA, THIRUVANANTHAPURAM. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. K. MEERA. R5 BY ADVOCATE SHRI JAJU BABU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.02.2008 ALONG WITH W.A. NOS.404/08 411/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K. M. JOSEPH, J. -------------------------------------------------- W.A. NOS. 401, 404 & 411 OF 2008 --------------------------------------------------- Dated this the 29th February, 2008 JUDGMENT H.L. DATTU, C.J: These Writ Appeals are directed against the orders passed by the learned Single Judge in W.P.(C). Nos. 4771/08, 3939/08 and 2766/08 dated 11.2.2008. In those Writ Petitions, the petitioners have called in question the order passed by the State Government dated 31.1.2008. The operative portion of the order passed by the State Government reads as under: " In the circumstances, Government hereby withdraw GO (Rt) No.382/08/G. Edn. dated 17/1/2008 as it is against the spirit of the Order of the Hon'ble High Court in WP(C) Nos. 33341, 31860, 32487/2006, 1678, 3045, 6181, 6290, 6310 and 6361/07 and the GO (Rt) 1338/2007/G. Edn. dated 23/3/2007 issued pursuant to the High Court Order. Government consider that any action taken in good faith in obedience to the GO(Rt) 382/08/G. Edn. dated 17/1/2008 not be rescinded. The remaining 28 students without proper birth certificate issued by the Panchayat cann't be admitted as the Government Order itself is withdrawn for valid reasons. These students can approach Government to get permission for age relaxation on an individual basis for getting enrolled into the A level examination being held by the Sakshratha Mission which is equivalent to the SSLC Examination. There will have no problem in pursuing any higher education provided they have merit based on `A level' certificate as the State Government has declared it equivalent to SSLC Certificate." 2. After arguing the matter for quite some time, Shri Johnson Gomez, learned counsel appearing in W.A. Nos. 401 & 411/08 and Shri Fr. Johny Thottam, learned counsel appearing in W.A. No.404/08 seek leave of this Court to withdraw WA 401, 404 & 411/08 2 the Writ Appeals with permission to approach the State Government for reconsideration of its Order dated 31.1.2008. 3. Permission sought for is granted and the Writ Appeals are disposed of as withdrawn. The appellants are at liberty to approach the State Government for appropriate reliefs. In view of the undertaking given by the appellant Manager that he shall close down the School as stated in the Affidavit filed in the Writ Appeal, the orders passed by the learned Single Judge will not stand in the way of the State Government in reconsidering the request of the appellants. If for any reason the State Government intend to reconsider the case of the appellants in respect of twentyeight students, they shall hear the Manager, Parents of those twentyeight students and also the petitioner in W.P.(C). No.3322/08. This Order of us shall not be treated as a precedent in any such case. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, kbk. JUDGE