IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9703 of 2009(G)
1. THE CORPORATE MANAGER,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE DISTRICT EDUCATIONAL OFFICER,
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :28/05/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.9703 OF 2009
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Dated this the 28th day of May, 2009.
J U D G M E N T
The petitioner is the Corporate Manager of Corporate
Educational Agency, Diocese of Palai. The main relief sought for
in the writ petition is to quash Exhibits P1 and P2 and for a
direction to the 2nd respondent to consider Exhibits P6 and P8
applications filed by the petitioner seeking permission under
Rule 12(II) of Chapter VI of Kerala Education Rules for admitting
boys students in the schools mentioned therein.
2. There are four different schools under the management
of the petitioner namely, L.F.H.S Vadakara, St. Paul’s H.S,
Mutholapuram, Alphonsa G.H.S Vakakkad and St. Agnes’s G.H.S,
Muttuchira. The first one was a Girl’s High School and the
Government sanctioned admission of boys in the school as per
Exhibit P1. Accordingly, the name of the school was changed as
L.F.H.S, Vadakara. Similarly, the St. Paul’s H.S, Mutholapuram,
W.P.(C) No.9703/09 2
which was a Girl’s High School, was granted permission to admit
boys as per Exhibit P2. Accordingly, the name of the school was
changed as St.Paul’s H.S, Mutholapuram. Exhibits P1 and P2
orders contained a specific condition that no additional financial
commitments shall be caused to the Government on account of
the admission of boys in the above schools.
3. The petitioner submitted staff fixation proposal for the
academic year 2008-09. The District Educational Officer refused
to allow the proposals and passed staff fixation orders
considering the strength of students excluding the boys students
and allowed only 16 divisions at L.F.H.S Vadakara and 11
divisions at St. Paul’s High School, Mutholapuram. Presently,
that issue is pending before the Revisional Authority and this
Court by Exhibit P5 judgment has directed the Revisional
Authority to hear and dispose of the revision petitions filed by the
petitioner within the time limit provided in the said judgment.
4. As far as the latter schools are concerned, the petitioner
has filed Exhibits P6 and P8 before the Director of Public
Instruction seeking permission to admit boy students in
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accordance with the relevant rules. The petitioner was informed
by the District Educational Officer by Exhibits P7 and P9 that till
orders are obtained from the competent authority, admission of
boys students may not be continued. Aggrieved by the same,
this writ petition is filed.
The relevant provision is under Rule 12 of Chapter VI of
K.E.R. Admittedly, the petitioner has moved the statutory
authority seeking permission in the matter. Therefore, it is upto
the statutory authority to take a decision on Exhibits P6 and P8
which will be done within a period of six weeks from the date of
receipt of a copy of this judgment. The contentions raised by the
petitioner in this writ petition regarding the validity of the
conditions imposed in Exhibits P1 and P2 are left open to be
agitated at the appropriate time.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
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