UMMULQURA SECONDARY SCHOOL Vs. ISLAMIC PRIMARY SCHOOL

JUDGEMENT

(1.) The point that arises for decision in these appeals is whether the Government can grant recognition to a school, which was remaining unrecognised, from day one of its establishment. A few writ petitions were filed before this Court by persons, running aided / recognised schools, challenging the decision of the Government and also the follow - up proceedings of the Director of Public Instruction, to grant recognition to certain unrecognised schools, which were functioning for the last few years in Malappuram and Kasaragod Districts. Since the very same point arose for decision in all the writ petitions, the learned Single Judge heard and allowed them by a common judgment dated 20/10/2008. Challenging the said judgment, the affected respondents have preferred these appeals. Therefore, they are heard and disposed of by this common judgment.

(2.) WA 247of 2009:

(3.) According to the first respondent, the steps taken under Exts. P1 and R5(a) were illegal and contrary to the provisions of R.2 and R.2A of Chapter V of the Kerala Education Rules (for short 'KER'). Further, the aforementioned actions run contrary to the law laid down in Ext. P2 judgment of the Apex Court and also against the provisions of Ext. P3 order. The policy contained in Ext. P3 was, in fact, not to recognise unrecognised unaided schools. But, an exception to that policy was made in relation to areas, where members of the educationally backward Muslim community reside, in Malappuram, Kasaragod, Kozhikode, Kannur and Wayanad Districts, subject to certain conditions. The relevant portion of the said Government Order reads as follows: