STATE OF KERALA Vs. HABEEB MASHOOD

JUDGEMENT

(1.) This matter was heard in detail on the previous dates of posting. On confronting the position with regard to the maintainability of the appeal, Sri. P.N. Santhosh - the learned senior Government Pleader sought for time to get instructions.

(2.) Today, the learned Government Pleader seeks for permission to withdraw the appeal. However, we find it appropriate to deal with the course and events before considering whether the prayer could be acceded to or not, in view of the particular facts and circumstances. Heard accordingly.

(3.) Challenge is against the judgment dated 04.10.2017 in W.P. (C) No. 20682 of 2017 passed by the learned single Judge, whereby a positive declaration and direction have been given to grant recognition to the writ petitioner's school, which was sought for, but declined as per Ext.P10. It is revealed from the materials on record that the writ petitioner's school, which is a High School, sought to have recognition by the Government and necessary proceedings were filed in this regard. Pursuant to the enquiry made by the competent authority, a report was submitted, based on which, the credentials of the respondent's/writ petitioner's school were established and in turn, name of the respondent's school was included in Ext. P4 list recommending to grant recognition. However, the fact remains that, out of the total of 40 schools, petitioner's school alone came to be excluded in Ext. P8 list; which hence was sought to be challenged by filing W.P.(C) No. 38328 of 2015. Presuming that the exclusion of the petitioner's school was an inadvertent omission, the writ petition was disposed of as per Ext. P9 judgment, directing the matter to be considered in the light of the 'then policy' of the Government with regard to granting of recognition.