Ravindran, J.

The petitioner, an advocate by profession, has filed this writ petition in public interest, challenging Ext.P3 letter dated 23-12-2009 sent by the Director of Public Instruction, the first respondent herein, to the 4th respondent, the Headmaster of SMV Model Higher Secondary School, Thiruvananthapuram, informing the 4th respondent that permission has been granted to Kalanilayam Drama Vision, Kodungalloor to conduct a Drama Festival in the school grounds during the period from 15-1-2010 to 19-4-2010 subject to various conditions including the condition that the applicant will be liable to make good the damage, if any, caused to the school grounds or any other property of the school. The petitioner has also sought a declaration that the first respondent is not competent to grant permission as given in Ext.P3, that the permission granted is in violation of Section 5B of the Kerala Education Act, 1958 and that the permission granted in to Kalanilayam Drama Vision is not for educational purpose and therefore, for that reason also, Ext.P3 is bad in law.

2. The petitioner states that he was a student of SMV Model High School, which was upgraded as a Higher Secondary School in the year 1990, that the school did not have a play ground and therefore, the pond lying adjacent to the school, approximately 2.50 acres in extent, was reclaimed and converted into a play ground for the school, that it is bounded on all four sides by a compound wall, that except during the rainy season the play ground is used from 5.30 a.m. till 8.30 a.m. and from 4.30 p.m. to 7 p.m. on all working days, that during the summer vacation coaching camps are conducted for cricket, football and handball, that Section 5B of the Kerala Education Act forbids use of school grounds for any purpose other than educational purpose and therefore, the permission granted by the Director of Public Instruction to the Kalanilayam Drama Vision to hold the Drama Festival is illegal. The petitioner also relies on the decision of a learned single Judge of this Court in Gopalakrishnan v. Secretary, Corporation of Kollam, 2002(2) KLT 502, and Ext.P1 government order issued pursuant to the directions issued by this Court in Gopalakrishnan v. Secretary, Corporation of Kollam, (supra) whereby the Government directed implementation of the directions issued by this Court to keep the premises of educational institutions neat, pure and holy, protecting them from commercial invasions and also to ensure that the premises of educational institutions are not made use for any purpose other than educational purpose. He also relies on Ext.P2 circular issued by the Director of Public Instruction wherein referring to Ext.P1 government order, the Director of Public Instruction has called upon authorities of educational institutions not to let out school buildings and premises for any purpose other than educational purpose.

3. A counter affidavit dated 10-3-2010 has been filed on behalf of the first respondent, the Director of Public Instruction. It is stated that the Managing Director of Kalanilayam Drama Vision, Kodungalloor had submitted an application dated 10.12.2009 for permission to conduct a Drama Festival in the school grounds during the period from 15-1-2010 to 19-4-2010 and that based on the joint report submitted by the Headmaster of the school and the President of the Parent Teacher Association, the said application was considered and permission granted to conduct the Drama Festival subject to the condition that the damage, if any, caused to the ground should be set right by the applicant at his own cost. It is further stated that based on Ext.P3 letter sent by the Director of Public Instruction, the Headmaster of the school granted permission on 31.12.2009 to the Managing Director of the Kalanilayam Drama Vision to use the school grounds for the Drama Festival from 15.1.2010 to 19.4.2010 after executing an agreement, that pursuant thereto an agreement was executed by th