IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35290 of 2008(A)
1. NAZARUDEEN MOIDU
... Petitioner
Vs
1. STATE OF KERALA AND ANOTHER
... Respondent
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/11/2008
O R D E R
ANTONY DOMINIC, J
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W.P.(C).No.35290/2008
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Dated this the 28th day of November, 2008
JUDGMENT
Petitioner submits that he was admitted for Plus One
course in Computer Science in P.P.M. Higher Secondary
School ,Kottukkara in Malappuram District, an aided school,
for the academic year 2008-09. According to him, for health
reasons he could not continue the course and he submitted
an application for registration as a private candidate through
the Kerala State Open School. Since the last date for
registration was over, he moved the Minister for Education
and it would appear from Ext.P5 that the Minister had
directed the 2nd respondent to consider the petitioner’s case
as a special one and to take a decision on the request made
by the petitioner. Petitioner submits that, the Minister
passed the order on 25.11.2008 and although the same
has been produced before the 2nd respondent, the second
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respondent has not taken any decision on Ext.P5 as directed
therein. According to the petitioner, today is the last date
for acceptance of the fee for registration as an Open School
Student. It is in these circumstances, the writ petition has
been filed by the petitioner praying for a direction that the
fee be accepted and an expeditious decision be taken on
Ext.P5.
2. Petitioner has also a case that, on 18.11.2008, he
had approached the Minister for Education, who directed the
2nd respondent to consider the case of the petitioner and
that there upon he had approached the 2nd respondent. It
is stated that expecting favourable orders, the petitioner
had collected his transfer certificate and conduct certificate
from the school where he was studying. According to him, it
was since orders were not passed as promised, that he had
to again move the Minister by Ext.P5.
3. From the above, it is therefore evident that unless
the petitioner succeeds in getting registration as a Open
School Student, the petitioner will be loosing an academic
year. It was probably because of that, despite the delay,
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that the Minister has also directed that the case of the
petitioner be treated as a special one. Necessarily, in the
light of the order that the Minister has passed, the 2nd
respondent has to consider Ext.P5 and pass orders thereon.
Since he has not done so, I direct the 2nd respondent to pass
orders on Ext.P5 within ten days of production of a copy of
this judgment. In the meanwhile, taking into account the
fact that the last date for payment of fee for registration is
expiring today, I direct that if the petitioner tenders the fee
payable on or before 2nd December, 2008, the 2nd
respondent shall accept the same on a provisional basis and
subject to his final decision on Ext.P5.
Petitioner shall produce a copy of the judgment along
with a copy of the writ petition before the 2nd respondent for
compliance.
ANTONY DOMINIC
JUDGE
vi.
WP(c).No.35290/2008 4