High Court Kerala High Court

The Kerala Unaided School … vs The State Of Kerala Represented By … on 3 March, 2008

Kerala High Court
The Kerala Unaided School … vs The State Of Kerala Represented By … on 3 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5528 of 2008(G)


1. THE KERALA UNAIDED SCHOOL ASSOCIATION
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS

                For Petitioner  :SRI.R.RAJASEKHARAN PILLAI

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/03/2008

 O R D E R
                        S. SIRI JAGAN, J.
                ------------------------------------
                   W.P.(C)No.5528 OF 2008
              ----------------------------------------
                Dated this the 3rd day of March, 2008

                            JUDGMENT

The petitioner is an association of managements of unaided

and unrecognised schools functioning in the State of Kerala. They

have filed this writ petition for a direction to the Government to

permit unaided and unrecognised schools to conduct

examinations up to standard VI and to issue transfer certificates.

The relief prayed for, is only available to individual schools, which

are not parties to the writ petition. In a similar case namely,

W.P.(C) No.37131/07, I had directed that such association

cannot maintain a writ petition in which was upheld by the

Division Bench in W. A. No.126/08. The petitioner now points

out that, I had in W.P.(C) No.37734/07 entertained a similar writ

petition and issued a direction to the Government to consider a

representation filed by an association of managers.

I am of opinion that, despite that earlier order, in view of the

Division Bench decision upholding my view that an association of

W.P.(c) No.5528/08 2

managements cannot sustain a writ petition on behalf of

individual schools, this writ petition is not maintainable and

accordingly the same is dismissed.

S. SIRI JAGAN, JUDGE

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