IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 740 of 2009()
1. A.ABDUL RASHEED,MANAGER,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE ASSISTANT EDUCATIONAL OFFICER,
For Petitioner :SRI.P.K.SURESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :01/04/2009
O R D E R
K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ.
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W.A.No.740 OF 2009
--------------------------------
Dated this the 1st day of April, 2009
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The point raised by the appellant in this appeal is squarely
covered against him by the decision of the Apex Court in State
of Kerala v. Prasad [2007(3) KLT, 531]. The learned Single
Judge dismissed the writ petition relying on that judgment.
Admittedly, in the area where the appellant’s school is located,
there is no proposal of the Government for sanctioning a Lower
Primary School or High School . If the Government had any
such proposal, the same will be published as a notification
issued under Rule 2 of Chapter V of the Kerala Education Rules.
In the absence of any such notification, the appellant cannot
claim sanction of a Lower Primary School or High School. In
the result, the Writ Appeal is dismissed.
(K.BALAKRISHNAN NAIR, JUDGE)
(M.L.JOSEPH FRANCIS, JUDGE)
ps
