High Court Kerala High Court

The President vs The State Of Kerala Represented By … on 11 August, 2010

Kerala High Court
The President vs The State Of Kerala Represented By … on 11 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24245 of 2010(E)


1. THE PRESIDENT,PARENT TEACHER'S
                      ...  Petitioner
2. THE TEACHER IN CHARGE,  -DO-

                        Vs



1. THE STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR OF HIGHER SECONDARY

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE DISTRICT EDUCTIONAL OFFICER,

5. THE HEADMASTER,GOVERNMENT HIGH SCHOOL,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :11/08/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                       W.P.(C). NO. 24245 OF 2010
                    --------------------------------------------

                   Dated this the 11th day of August, 2010

                                 JUDGMENT

The first petitioner is the President of the Parent Teachers’

Association of Government High School, Chullikkode in Malappuram

District and the second petitioner is the Teacher-in-charge of the said

school. This Writ Petition has been filed mainly with the following

prayers:-

i) call for the records relating to Exhibits P-8 and

quash the original of the same to the extent it grant

Higher secondary courses in High School, Muthuvallur

in preference to Government High School, Chullikode.

ii) issue a writ of mandamus or other appropriate writ

order or direction commanding the 1st and 2nd

respondents to grant Higher Secondary Courses to

Government High School, Chullikode.

2. A scanning of the contentions in the Writ Petition would

reveal that the grievance of the petitioners is against the granting of Higher

Secondary Course in Government High School, Muthuvallur.

3. At the very outset, it is to be noted that both the schools are

W.P.(C) NO.24245/2010 2

Government schools situated in the very same panchayath viz.,

Muthuvallur Grama Panchayath. The learned Government pleader

submitted that petitioners’ school cannot claim the status of a Government

High School since the high school section of the said school is being run

only on the basis of Exts.P4 and P5 interim orders of this Court. In that

context, it is relevant to refer to certain aspects discernible from the Writ

Petition itself. Earlier, as per Ext.P1 G.O dated 27.11.2007, Government

have sanctioned one high school in Muthuvallur and decided to upgrade

G.M.U.P School Chullikkode as high school. As per Ext.P2 G.O dated

21.1.2008, Ext.P1 order was revoked by the Government. Thereupon, the

first petitioner herein preferred an appeal against Ext.P2 G.O before the

Government. Aggrieved by the delay in the matter of disposal of the said

appeal, the first petitioner moved W.P.(C).No.13707/2008 before this

Court. The said Writ Petition was disposed of with a direction to consider

the appeal preferred by the petitioner therein. After such consideration,

the Government have issued Ext.P3 order. Ext.P3 in so far as it is relevant

reads thus:

a) Government order G.O(MS) 2002/07/G.EDn. Dated

27.11.2007 to the effect that GMUP School Chullikodu

is upgraded as a High School is cancelled.

W.P.(C) NO.24245/2010 3

b) Students admitted to class 8 in GMUP school,

Chullikkodu during 2007-2008 shall be issued TC and

directed to be admitted in the schools of their choice to

the standards to which they are entitled to be admitted.

4. The said order was challenged by the first petitioner herein as

W.P.(C).No.16660/2008. It is still pending before this Court. Ext.P4 is

the interim order passed by this Court in the said Writ Petition. Later, the

matter was referred to a Division Bench of this Court and Ext.P5 is the

order passed by the Division Bench in the said Writ petition. Ext.P5 order

reads as follows:

“We make it clear that the interim order dated

4.6.2008 passed by this Court will confine only to the

Government High School, Chullikode. Therefore, it

will be open to the Government to take appropriate

action in respect of other schools. There will be a

direction to the third respondent Deputy Director of

Education, Malappuram to see that the required

teaching staff are deputed in the Government High

School, Chullikode, within ten days from today.”

The above mentioned undisputed facts would reveal that G.M.U.P School

Chullikode is presently working as a Government High School,

W.P.(C) NO.24245/2010 4

Chullikode based only on Exts.P4 and P5 interim orders passed by this

Court in W.P.(C).No.16660/2008. In other words, the very status of the

petitioners’ school depends upon the outcome of W.P.(C).No.16660/2008.

Therefore, it is based on the aforesaid factual situation that the learned

Government Pleader submitted that the petitioners’ school could not

strictly be regarded as a High School. It is the further submission of the

learned Government Pleader that no posts have been sanctioned in the said

school and it is honouring the interim orders passed by this Court that the

teachers are being sent to the said school by way of working arrangement.

In the case of Government High School, Muthuvallur, as the very caption

denotes, it is a High Schoool. The avowed policy of the Government, as is

obvious from Ext.P6 G.O dated 3.6.2010 is to start Higher Secondary

Course only in high schools that too, only in those Grama Panchayaths

wherein there is no Higher Secondary Schools. G.M.U.P School,

Chullikode, which is presently running the high school section on the

strength of Exts.P4 and P5 interim orders of this Court and Government

High School, Muthuvallur are situated in the very same panchayat ie.,

Muthuvallur Panchayat. That apart, the learned Government Pleader

pointed out that there is no specific averment in the Writ Petition that

pursuant to Ext.P7 notification, the second petitioner had submitted an

W.P.(C) NO.24245/2010 5

application and based on that application no comparative assessment was

made and then the fifth respondent school was preferred in the matter of

sanctioning of Higher Secondary course. The learned counsel for the

petitioner submitted that the fact that the second petitioner has submitted

an application for sanction of the Higher Secondary Course can be inferred

from the averments in the Writ Petition. It is also submitted that it is a fact

that in response to Ext.P7 application, the second petitioner has submitted

an application for sanctioning of a Higher Secondary Course in the said

school. That apart, it is submitted that the comparative facilities and

features of both the schools have been specifically explained in the Writ

Petition. Be that as it may, the question is whether the action on the part

of the first respondent in including Government High School, Muthuvallur

in Ext.P8 select list can be said to be arbitrary and illegal warranting

interference by this Court. The facts expatiated earlier would reveal that

the status of the school represented by the petitioners as High School is, in

troth, depends upon the verdict in W.P.(C).NO.16660/2008 which now

pending before this Court. In other words, whether the said school can

retain the status of a High School depends upon the outcome of W.P.(C).

NO.16660/2008. As noticed hereinbefore, the said school as also

Government High School, Muthuvallur are situated in the very same

W.P.(C) NO.24245/2010 6

Panchayat and the avowed policy of the Government is to start higher

secondary school in a panchayat where there is no higher secondary school

at all. The learned Government Pleader submitted that there is no Higher

Secondary School in the Muthuvallur Panchayat. In view of the facts thus

obtained in this case, the mere assertion that High School, Chullikkode

viz., G.M.U.P.School, Chullikkode whose upgradation as High School was

cancelled by the Government, but functioning as High School based on

Exts.P4 and P5, is having more features and facilities than Government

High School, Muthuvallur, even if taken as correct, cannot be a reason to

interfere with the action on the part of the Government in choosing in

between the said two Government Schools and granting higher secondary

course to Government High School, Muthuvallur. When the choice was

between two Government schools and Government have chosen one of

them for granting higher secondary course, I am of the view that there is

no scope for attributing arbitrariness, malafides or favouritism. In fact, a

scanning of grounds 1 to 3 raised in this Writ Petition would reveal that

the petitioners did not have any such contention as well. In the light of the

aforementioned admitted facts, the action on the part of the Government in

choosing Government High School, Muthuvallur does not call for any

judicial review. In short, as on today, the G.M.U.P School, Chullikode

W.P.(C) NO.24245/2010 7

cannot claim the status of a Government High School. It can only

continue to run the high school section in the light of Exts.P4 and P5

interim orders. When Government took such a decision in respect of two

Government Schools and decided to start Higher secondary course in

Government High School, Muthuvallur the Parent Teacher’s Association

of the other School and the teacher-in-charge of that school cannot legally

sustain their challenge based on grounds 1 to 3 in view of the peculiar

circumstances as explained above. That apart, the learned Government

Pleader submitted that admissions to Higher Secondary Course have

already started in Government High School, Muthuvallur. For all these

reasons, I am not inclined to accept the contentions of the petitioners that

Government High School Muthuvallur was given undue preference and

that its inclusion in Ext.P8 is illegal warranting interference by this Court.

There is no merit in the Writ Petition and accordingly, it is dismissed.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.24245/2010 8

C.T. RAVIKUMAR, J.

W.P.(C). NO. /2010

JUDGMENT

June, 2010

W.P.(C) NO.24245/2010 9