GLOBAL PUBLIC SCHOOL,THIRUVANIYOOR P.O versus STATE OF KERALA, REP.BY THE SECRETARY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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GLOBAL PUBLIC SCHOOL,THIRUVANIYOOR P.O v. STATE OF KERALA, REP.BY THE SECRETARY - WP(C) No. 8802 of 2007(W) [2007] RD-KL 5437 (15 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8802 of 2007(W)

1. GLOBAL PUBLIC SCHOOL,THIRUVANIYOOR P.O
... Petitioner

2. P.JACOB,S/O.LATE P.J.JOSEPH,AGED 58

Vs

1. STATE OF KERALA, REP.BY THE SECRETARY,
... Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

3. THE DISTRICT EDUCATION OFFICER,

For Petitioner :SRI.SHAJI P.CHALY

For Respondent : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

Dated :15/03/2007

O R D E R

A.K. BASHEER, J.

W.P.(C). NO. 8802 OF 2007

Dated this the 15th day of March, 2007

J U D G M E N T

The Principal and Director of Global Public School, Thiruvaniyoor, Ernakulam, have filed this writ petition with a prayer for issuance of writ of mandamus or such other appropriate writ, order or direction to the respondents to permit them to conduct examination for the students in the 6th standard in their own school and also to issue transfer certificates to those students. The request made by the petitioners in this regard was turned down by respondent No.3. Learned counsel submits that in identical situations some other similarly placed institutions had approached this Court. While disposing of those writ petitions, this Court in its common judgment dated March 6, 2007 (W.P.C. No. 33341/06 and Conn. Cases) had observed thus: ..........."Learned Advocate General submits that Government is not averse to extend the benefit to the petitioners' schools being allowed to conduct examinations as in the previous year on the basis of the orders issued by the concerned Deputy Director  WPC NO.8802/07 Page numbers of Education up to 6th standard and to issue TC for this year. But he would contend that petitioners must undertake that in their own schools the provisions of KER will apply with full vigour from the next year onwards......"

2. The writ petitions were disposed of by the learned Judge with the following directions:

"If the writ petitioner or members of the writ petitioners' associations make applications for allowing the examinations to be conducted up to 6th standard in their own schools and for permission to issue TC, the concerned Deputy Director of Education will pass appropriate orders in the light of Ext.P7 Government Order dated 11.12.01 within a period of one week from the date of receipt of the applications. Subject to the direction based on the concession of the Advocate General, the impugned Clause is upheld. I make it clear that the stand taken on behalf of the petitioner shall not stand in the say of the claims of the petitioners or members of petitioners' association for recognition being dealt with in accordance with law."

3. In this context, It is pertinent to note that the learned Judge had issued the above directions on condition that the petitioners filed appropriate affidavits undertaking to abide by or follow the statutory mandates in Chapter VI, KER with particular reference to Rules 7 and 8 therein. Learned counsel invites my  WPC NO.8802/07 Page numbers attention to Ext.P8 affidavit filed by the petitioners in this case. I have perused the affidavit. It has been averred by the petitioners that they would follow the Kerala Education Rules in the matter of conduct of annual examinations during the ensuing academic year 2007-08. Learned counsel further submits that the statutory mandates in Chapter VI will be strictly adhered to during the next academic year and the directions contained in the judgment would be followed in letter and spirit. In view of the above undertakings made in Ext.P8 affidavit, I am satisfied that the request made by the petitioners for permission to conduct the examination for the students in Standard VI in their own school for issuance of transfer certificate to those students for the current academic year is liable to be allowed. I do so. The 2nd respondent or other competent officer concerned, shall pass appropriate orders in this regard forthwith. The writ petition is allowed as above.

A.K. BASHEER, JUDGE

vps  WPC NO.8802/07 Page numbers

KURIAN JOSEPH, JUDGE

OP NO.  WPC NO.8802/07 Page numbers

JUDGMENT

21st DECEMBER, 2006 

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