St.Michael'S Public School, Thirumarayoor v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 11633 of 2012 (D) ---------------------------- PETITIONER :

----------------------- MANAGER, ST. MICHAEL'S PUBLIC SCHOOL, THIRUMARAYOOR, VELIYANAD P.O., ARAKUNNAM, ERNAKULAM DISTRICT. BY ADVS.SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 039.

2. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA.

3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014.

R1 TO R3 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2015, ALONG WITH WPC.NO. 11634/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts

APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: COPY OF G.O.(MS) 18/88/G.EDN DATED 12-01-1988. EXHIBIT P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORM.

EXHIBIT P2(A): COPY OF ON LINE REGISTRATION (NO. MS-00508-1112). EXHIBIT P3: COPY OF THE G.O.(MS) 204/08/G.EDN DATED 15-12-2008. EXHIBIT P4: COPY OF THE SAID G.O.(MS) 3/09/G.EDN DATED 05-01-2009. EXHIBIT P5: COPY OF THE G.O.(MS) 82/88/G.EDN DATED 15-04-1988. EXHIBIT P6: COPY OF THE INTERIM ORDER DATED 8/3/2011 IN SLP © NO.1166611667/2009 AND OTHER CASES OF THE OF THE HON'BLE SUPREME COURT.

EXHIBIT P7: COPY OF THE CENTRAL RULES FRAMED UNDER THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009. EXHIBIT P8: COPY OF THE G.O.(P)100/2011/G.EDN DATED 30-04-2011 ISSUED AS SRO NO. 291/2011 DATD 06-05-2011.

EXHIBIT P9: COPY OF THE JUDGMENT DATED 18-07-2011 OF THE HON'BLE SUPREME COURT SLP(C) 15440-15464/2008 AND CONNECTED CASES. EXHIBIT P10: COPY OF THE G.O.(MS)NO. 137/2011/G.EDN DATD 10-06-2011. EXHIBIT P11: COPY OF THE FITNESS CERTIFICATE/COMMUNICATION DATED 17-08-2011 SENT BY CBSE.

EXHIBIT P12: COPY OF THE JUDGMENT DATED 06-09-2011 IN WPC NO. 22089/2010. EXHIBIT P13: COPY OF THE G.O.(MS)202/11/G.EDN DATED 07-10-2011. EXHIBIT P14: COPY OF CIRCULAR NO. 65057/N3/2011/G.EDN DATD 10-11-2011. EXHIBIT P15: COPY OF THE AFFILIATION ORDER DTED 06-02-2012 OF THE CBSE ACCORDING AFFILIATION TO ONE SREE KANCHI SANKARA PUBLIC SCHOOL, KALADY P.O., ERNAKULAM.

EXHIBIT P16: COPY OF G.O.(MS) 244/99/G.EDN DATED 30-09-1999. EXHIBIT P16(a): AND G.O.(MS) 36/11/G.EDN DATED 14-02-2011. EXHIBIT P17: COPY OF THE APPLICATION SUBMITTED BY THE TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAND P.O., SOORANAD, KUNNATHOOR.

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-2EXHIBIT P17(a): COPY OF THE LAND CERTIFICATE DATED 30-06-2007 OF THE TRAVANCORE DEVASWOM BOARD CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD P.O., SOORANAD, KUNNATHOOR. EXHIBIT P18: COPY OF ORDER DATD 26-03-2008 SANCTIONING AFFILIATION TO THE TDB CENTRAL SCHOOL, CHAKKUVALLY, SOORANAD. EXHIBIT P19: COPY OF THE APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, VATTIKKAVALA, KOLLAM.

EXHIBIT P19(a): COPY OF THE APPLICATION SUBMITTED BY TDB CENTRAL SCHOOL, KADAKKAL.

EXHIBIT P20: COPY OF THE AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL, KADAKKAL.

EXHIBIT P20(a): COPY OF THE AFFILIATION GRANTED TO THE TDB CENTRAL SCHOOL, VETTIKKAVALA, KOLLAM.

EXHIBIT P21: COPY OF THE ORDER GRANTING RECOGNITION UNDER KER TO 35 SCHOOLS SITUATED IN MALAPPURAM, KASARAGOD AND PALAKKAD DISTRICTS.

EXHIBIT P22: COPY OF THE SKETCH SHOWING THE DISTANCE IN RESPECT OF BLOSSOM SCHOOL.

EXHIBIT P22(a): COPY OF THE SKETCH SHOWING THE DISTACNE TO IN RESPECT OF MET SCHOOL.

EXHIBIT P22(b): COPY OF THE SKETCH SHOWING THE DISTACNE TO IN RESPECT OF MAJMA SCHOOL EXHIBIT P23: COPY OF THE PROFILE OF THE "GLOBAL INDIAN INTERNATIONAL SCHOOL" OBTAINTED FROM THE INTERNET.

EXHIBIT P23(a): COPY OF THE NOC DATED 08-12-2000 FOR SKDI ENGLISH MEDIUM SCHOOL, GRAMAM, MALAPPURAM DISTRICT.

EXHIBIT P24: COPY OF THE APPLICATION SUBMITTED FOR APPROVAL OF MIDDLE CLASS SYLLABUS BY SKDI SCHOOL.

EXHIBIT P25: COPY OF THE ON LINE STATUS OF SKDI SCHOOL SHOWING THE REJECTION OF THEIR APPLICATION.

EXHIBIT P26: COPY OF THE NOC DATED 17-11-2007 ISSUED TO DELTA CENTRAL SCHOOL.

EXHIBIT P27: COPY OF APPLICATION SUBMITTED BY DELTA CENTRAL SCHOOL FOR APPROVAL OF ITS MIDDLE CLASS SYLLABUS.

EXHIBIT P28: COPY OF ON LINE STATUS OF THE DELTA CENTRAL SCHOOL IN SO FAR AS ITS APPLICATION FOR APPROVAL OF MIDDLE CLASS SYLLABUS IS REJECTED.

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-3EXHIBIT P29: COPY OF THE ON LINE STATUS OF THE DELTA CENTRAL SCHOOL IN SO FAR AS THEIR APPLICATION FOR PROVISIONAL AFFILIATION. EXHIBIT P30: COPY OF THE INTERIM ORDER DATED 20-04-2012 IN WPC NO. 5272/2012 AND CONNECTED CASE.

RESPONDENTS' EXHIBITS :

NIL /TRUE COPY/ P.A.TO.JUDGE sts

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) Nos. 11633, 11634, 11635 & 11636 of 2012 -------------------------------------------------- Dated this the 16th day of February, 2015

J U D G M E N T

It is submitted by the learned counsel for the petitioners that the issue is now pending consideration before the apex court and therefore, the writ petitions could be closed reserving the liberty of the petitioners to reopen the cases if ultimately, the verdict of the apex court is in favour of the petitioners.

Reserving the said right of the petitioners, these writ petitions are closed.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-