IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29994 of 2008(U)
1. M.PRAMOD, CHAIRMAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATIONAL OFFICER,
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/03/2009
O R D E R
P.N.RAVINDRAN, J.
-----------------------------
W.P(C) No. 29994 of 2008-U
------------------------------
Dated this the 17th day of March, 2009.
J U D G M E N T
Heard Sri.K.Ramakumar, the learned Senior Advocate
appearing for the petitioner and Smt.T.B.Remani, the learned
Government Pleader appearing for the respondents.
2. The petitioner who is a Chairman of the E.K.C.M
Educational Trust, has filed this writ petition challenging Ext.P7
order passed by the Secretary to Government, General Education
Department rejecting his application to establish a new school at
Purameri Panchayat in Kozhikode District. The petitioner has also
sought a writ in the nature of mandamus commanding the
Government of Kerala to sanction a high school to the petitioner in
Purameri Panchayat.
3. The learned counsel for the petitioner contends that
since the local authority where the petitioner proposes to establish a
new school has brought to the attention of the Director of Public
Instruction and the Government the educational need of the
locality, the Government erred in rejecting the petitioner’s request.
4. The Apex Court has in State of Kerala V. Prasad (2007
(3) KLT 531) held that an application for opening a new school or to
upgrade an existing aided school can be submitted only after the
Director of Public Instruction publishes a final list of areas where
new schools are to be opened or existing schools are to be
upgraded. The Apex Court has also held that applications received
otherwise cannot be considered. It is not in dispute that the
Director of Public Instruction has not published the list of areas
where new schools are to be started or existing schools are to be
upgraded after following the procedure prescribed in Rules 2 and
2A of Chapter V of the KER. In these circumstances the challenge to
Ext.P7 cannot be entertained and the relief prayed for by the
petitioner cannot be granted. The writ petition accordingly fails and
is dismissed without prejudice to the right of the petitioner to apply
for opening a new school as and when the Director of Public
Instruction publishes a final list of areas where new schools are to
be opened and if the locality where the petitioner proposes to
establish a new school is included therein.
Sd/-
P.N.RAVINDRAN
ab JUDGE
//True Copy//
PA to Judge