SHAFEEK Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE Writ Petitions are filed by the Managers, Parent Teachers Associations, teaching and nonteaching staff and some of the students of unrecognized schools functioning in the State, challenging the Government Order, G.O.(Rt)No.2164/2008/General Education dated 15.2008 issued under Rule 3 of Chapter I of the Kerala Education Rules (hereinafter referred to as KER) relaxing certain conditions in Rule 8 of Chapter VI of the said Rules.

(2.) TO comprehend the nature and scope of the contentions raised by the Writ Petitioners, it is apposite to extract Rules 7 and 8 of Chapter VI of the Kerala Education Rules, which read as under:

(3.) BY the Government Order under challenge, certain relaxations were made in favour of the students studying in unrecognized schools enabling them to continue their studies in the mainstream. In the Government Order, reference is made to the judgment of this Court in W.P.(C) No.33341 of 2006 and connected cases (produced by the first respondent as Ext.R1(c)), as per which, on the basis of the assurance and undertaking given by the managements of unrecognized schools and the affidavit filed undertaking that private study in the schools of the Confederation of Private Study Schools Association will be confined up to and inclusive of Standard V from academic year 2007 -08, this Court granted relief to the petitioners therein to some extent allowing them to conduct examinations up to Standard VI in their own schools and to issue transfer certificates, on their making appropriate application to the Deputy Director of Education. The Government Order also refers to the representations received from the parents of students requesting to allow the unrecognized schools to conduct examinations in 2007 -08 also. Considering the representations, the Government Order dated 15.2008 was issued. It is provided in the Government Order thus: (A true English translation)