IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WA.No. 900 of 2010() -------------------- AGAINST THE ORDER IN WPC.32819/2009 .................... APPELLANTS/PETITIONERS IN WPC -------------------------------- 1. THE PRINCIPAL, SREE VIDHYADHIRAJA VIDHYASADAN ENGLISH MEDIUM HIGH SCHOOL, PAINAVU, IDUKKI COLONY P.O., IDUKKI DISTRICT, PIN-685602. 2. THE PRESIDENT, PARENT TEACHER ASSOCIATION,SREE VIDHYADHIRAJA VIDHYASADAN ENGLISH MEDIUM HIGH SCHOOL, PAINAVU, IDUKKI COLONY P.O., IDUKKI DISTRICT, PIN-685602. BY ADV. SRI.V.M.KURIAN SRI.K.T.THOMAS RESPONDENT(S): RESPONDENTS IN WPC: ---------------------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY (GENERAL EDUCATION) DEPARTMENT, SECRETARIAT ANNEX, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA. 4. THE ASSISTANT EDUCATIONAL OFFICER, ARAKKULAM. BY G.P. SRI.LAKSHMI NARAYAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/06/2010, ALONG WITH WPC NO.32819 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.900 of 2010 & W.P.(C) No.32819 of 2009 .................................................................... Dated this the 21st day of June, 2010. JUDGMENT Ramachandran Nair, J. The Writ Petition was filed by the management of a private school for direction to the educational authorities to permit the students to take examination from a Government school in March, 2010, as the petitioner-school did not have the recognition. Through interim orders this court permitted the students from petitioner's school to take examination from Vocational Higher Secondary School, Vazhathoppu, the procedure adopted was to admit all the students as if they were students of that school and then they were permitted to write the examination. It is seen that the Transfer Certificates are also issued by the school where the students of the petitioner-school were permitted to write the examination. Counsel for the petitioner submitted that issue of Transfer Certificate was against interim orders issued by this court and Transfer Certificate should have been issued only by the petitioner- W.A. 900/10&WPC 32819/09 2 school. In between, another development is the rejection of application for recognition by the petitioner's school by order dated 17.5.2010. While counsel for the petitioner submitted that school is not served with rejection order, Government Pleader produced copy of the order before this court. We notice that so far as the relief sought in the Writ Petition is concerned, the same was granted through interim orders and complied with by respondents. The remaining grievance of the petitioner is against rejection of recognition. Necessarily petitioner has to challenge the order rejecting application for recognition. Another issue is as to who should issue Transfer Certificate. We notice from the copy of the Transfer Certificate issued to the students who were allowed to write the examination from the Government School at Vazhathoppu that all the details are not filled up. Obviously the Transfer Certificate should contain details of date of admission and date of leaving which obviously means the certificate should contain details of course study completed by the student. The effect of private study in petitioner's school and the permission granted by the Government for the students in petitioner's school to write examination in Government school and the Transfer Certificate issued by such W.A. 900/10&WPC 32819/09 3 school is that students were treated as private students and all what the Government did was to permit them to write the examination in a Government school. Therefore, what happened is that there is nothing on record to establish that those students have undergone any course study in a systematic manner in any school, whether recognised or otherwise. However, the fact is that they have undergone a regular course study in petitioner's school, though the school is not recognised. In fact, the students have a right to get a certificate even for a private course study completed in an unrecognised school and in this regard we are sure the petitioner is entitled to issue a certificate to that effect, whatever be it's relevance. We do not think we should consider whether the Transfer Certificate issued by the Government School is a valid one or whether an unrecongnised school should be permitted to issue Transfer Certificate to the students once they were allowed to write examination from a Government School. Since these are matters which are not agitated in this W.P.(C), we dispose of the W.P.(C) treating the interim order as final. 2. The Writ Appeal filed against the interim order also has lost significance because we have left open the management's grievance to W.A. 900/10&WPC 32819/09 4 be agitated in fresh proceedings. We make it clear that the management is free to raise all issues in fresh proceedings. Even though counsel for the petitioner submitted based on Chapter V Rule 1 (3) of the Kerala Education Rules that there is a deemed recognition available to the school till date of rejection of the application for recognition and therefore they can issue Transfer Certificates, we do not think there is any need to declare such a status to petitioner's school because all the students who have written examination pursuant to interim orders in Government school, were issued Transfer Certificate by such Government School and none of the students have gone to the petitioner's school to obtain Transfer Certificate from them. If any student has obtained Transfer Certificate from petitioner's school, then such Transfer Certificate should be treated as validly issued by virtue of the above provision. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms