IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20330 of 2010(M)
1. THE MANAGER,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent
2. THE DIRECTOR,
For Petitioner :SRI.JOHN JOSEPH VETTIKAD
For Respondent :ADVOCATE GENERAL
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :13/08/2010
O R D E R
C .N. RAMACHANDRAN NAIR, &
P.S. GOPINATHAN, JJ.
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W.P.C. No. 20330 of 2010
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Dated this the 13th day of August, 2010
JUDGMENT
Ramachandran Nair, J.
Heard counsel for the petitioner and Government Pleader for
respondents. Petitioner is challenging Government orders and
notification of Director for Higher Secondary Education, calling for
applications for grant of higher secondary schools only in the 7
northern Districts, excluding Southern Districts completely.
Petitioner’s case is that notification and the scheme are discriminatory
and the petitioner’s school is eligible for grant of higher secondary
school. Government Pleader on the other hand submitted that in the
Southern Districts, there are surplus seats in the higher secondary
schools and as a matter of policy, Government went by education
backwardness for selecting 7 northern districts.
2. After hearing both sides and after considering the data with
regard to higher secondary school facility available in Kadambanad
Panchayath where petitioner’s school is located, we notice that in the
WPC 20330/2010 2
very same Panchayath there is already a higher secondary school in the
unaided sector and two vocational higher secondary school in the aided
sector, including that of the petitioner. The policy of the Government
is to have at least one higher secondary school in a Panchayath.
Besides facility available in the Kadambanad Panchayath in Kunnathur
Panchayath there are two higher secondary schools and those schools
are only 5 Kms. away from the petitioner’s school. In these
circumstances, we do not think there is any present need for a higher
secondary section in petitioner’s High School. Even though
Government Pleader submitted that policy of the Government is not to
grant higher secondary school along with vocational higher secondary,
which is opposed by petitioner’s counsel stating that there is no basis
for such a policy, we do not think we should decide this issue now
because the question raised in the WPC is about the propriety of the
Government showing priority to northern Districts for grant of Higher
secondary schools. We feel petitioner can apply for higher secondary
school as and when Government decides to grant schools in that region.
WPC is therefore closed leaving open all issues raised by the
WPC 20330/2010 3
petitioner, except the need for Higher Secondary Section in petitioner’s
School at present.
(C.N.RAMACHANDRAN NAIR)
Judge.
(P.S. GOPINATHAN)
kk Judge.
WPC 20330/2010 4