KAREEM KOYA THANGAL Vs. STATE OF KERALA

JUDGEMENT

(1.) CERTAIN questions relating to the grant of recognition to schools in Kerala and the conditions and procedure regulating such grant; and a further issue as to the availability or otherwise of any extra -statutory power for the Government to grant recognition to unrecognized schools, without following the statutory procedure, arise for decision in these writ petitions. They are therefore bunched, heard and hence, this common judgment.

(2.) HAVING all the beneficiaries of the impugned decisions on its array, WP(C).18050/2008 is treated as the lead case and exhibits are referred to, as numbered thereinFacts Encapsulated

(3.) ACTING on the opinion of a Committee appointed as per a Government order dated 19 -8 -2006, to suggest guidelines for opening of new schools, upgradation of existing schools, recognition of unaided schools, grant of NOC for CBSC/ICSE schools, etc., the Government issued Ext.P13 GO (P).No.107/07/G.Edn., dated 13 -6 -2007, disclosing its policy in that regard and enumerating the suggestions of the Committee. The policy so declared, related to, among other things, recognition of unaided schools. Ext.P13 containing the policy of the Government is not under challenge. It provides, as a policy, that unaided unrecognized schools will not be given recognition. However, the Government being convinced that extreme educational backwardness among the members of the Muslim Community persists in certain areas of Malappuram, Kozhikode, Kasaragod, Kannur and Wayanad Districts, recognition would be granted to schools satisfying the conditions stipulated in Ext. P13, apart from those specified in the KER; in order to overcome the educational backwardness of the Muslim Community and accordingly, applications will be limited to those districts only.