N H JABBAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the manager of an unrecognised unaided school. It is stated that respondents are not permitting the petitioner to conduct the examinations in the school for the students studying in standard IV to VI and insisting that the pupils have to appear for the examinations conducted in Govt/aided schools where totally a different syllabus is followed. Petitioner challenges clause 3 of Ext.P4.

(2.) Prayer in the writ petition is for a direction to quash Ext.P4 to the extent it denies permission to the petitioner to conduct the annual examination for the standard V and VI in his school and directs the pupils in the school to appear in the annual examination in Govt, aided, recognised aided schools. There is a further prayer for a direction to the second respondent to permit the petitioner to conduct the annual examinations in his school for the students studying in standards IV to VII and to issue transfer certificate to the pupils in accordance with the provisions of the KER.

(3.) Petitioner has filed an affidavit undertaking that on behalf of the Bethany Convent that all the necessary steps will be taken to enforce KER in the school in the next academic year onwards and any conditions that may be imposed shall also be observed strictly.