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A.Abdul Rasheed vs The State Of Kerala on 1 April, 2009

Kerala High Court
A.Abdul Rasheed vs The State Of Kerala on 1 April, 2009
       

  

  

 
 
  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.
                     ------------------------------
                     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

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