IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 27680 of 2010(H) PETITIONER: K.K.M.HIGHER SECONDARY SCHOOL, VANDITHAVALAM,CHITTOOR,PALAKKAD, REPRESENTED BY THE MANAGER,ADV.USMAN KURUKAL.O.V, S.O.KUNJIMUTTIKURUKAL HAJI,KURUKAL HOUSE,VIP ROAD, MANJERI,MALAPPURAM DISTRICT. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENTS: 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT; SECRETARIAT,TRIVANDRUM-1. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-1. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-1. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHITTOOR,PALAKKAD-1. GOVERNMENT PLEADER MS.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 27680 OF 2010 H ------------------------------------------------------ Dated this the 13th day of September, 2010 JUDGMENT The petitioner is K.K.M.Higher Secondary School, Vandithavalam, Chittoor, Palakkad District, which is an aided school stated to be functioning from 1939 onwards. The School is situated in Chittoor Taluk in Palakkad District. It is stated that about 60% of the population in Chittoor Taluk are Tamil speaking and that the Government had declared Chittoor Taluk as Tamil Linguistic Minority Taluk. The petitioner School is having Lower Primary, Upper Primary, High School and Higher Secondary sections. The petitioner felt that it was necessary to provide sufficient facility for the Tamil Linguistic Minority pupils to impart education in Tamil. There was persistent demand from the local public as well. Accordingly, the petitioner started Tamil parallel divisions in 2006. The petitioner also applied for sanction to the Government. It is stated that repeated requests were made to the Government in that behalf. By Ext.P1 order dated 14.1.2008, the Government disposed of the request stating that as per G.O.(P) No.317/2005/G.Edn. dated 17.8.2005, W.P.(C) NO.27680 OF 2010 :: 2 :: there was a ban on creating divisions and posts and the request made by the petitioner would be considered after lifting the ban. 2. Recently, the Government lifted the ban by issuing G.O.(P) No.10/2010/G.Edn. dated 12.1.2010 (Ext.P2). The petitioner submits that in view of Ext.P2 Government Order, there is no restriction for sanctioning the parallel divisions or for approval of appointment of teachers who were appointed during 2006-07. It is also stated that the six teachers who were appointed in the Tamil parallel division had filed W.P.(C) No.24913 of 2010 and in that case, an interim order was passed by this Court directing the Assistant Educational Officer to approve the appointments on conditions. 3. After the ban was lifted, the petitioner submitted a detailed representation dated 12.8.2010 (Ext.P4) to the first respondent requesting for granting sanction for the Tamil parallel divisions. Ext.P4 representation is pending disposal. 4. The reliefs prayed for in the Writ Petition are the following: W.P.(C) NO.27680 OF 2010 :: 3 :: “(i) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to accord sanction to the parallel Tamil Division (Primary and Upper Primary) started from 2006 onwards immediately within a time frame to be fixed by this Court. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext.P4 and to accord sanction for the Tamil school immediately within a time frame to be fixed by this Court. (iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper.” 5. The learned counsel for the petitioner submits that, for the time being, the petitioner confines the relief to relief No.(ii). 6. In the facts and circumstances of the case, there will be a direction to the first respondent to consider and dispose of Ext.P4 representation as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the W.P.(C) NO.27680 OF 2010 :: 4 :: petitioner. The petitioner shall produce a copy of the Writ Petition and the certified copy of the judgment before the first respondent. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/