ANNAKUTTY ROBERT Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions relate to the grant of Higher Secondary Course popularly known as 'Plus-two Course' to the High Schools - Government and private - both Aided and recognised Unaided in the State for the acedemic year 2000-2001. All the petitioners except the petitioner in O.P. 21667/2000 are aggrieved by the non-inclusion of their respective Schools in the order dated 26-7-2000 issued by the Government pursuant to the directions contained in the common judgment dated 7-7-2000 of the Division Bench in O. P. No. 11779 of 1997 and connected cases. O. P. Nos. 21699/2000, 22448/2000 and 22254/2000 are filed in respect of Government High Schools, O. P. Nos. 21854/2000, 22142/2000, 22253/2000, 21667/2000, 22460/2000, 21606/2000, 22462/2000, 21979/2000, 22236/2000 and 24053/2000 are in respect of Private Aided Schools and O. P. Nos. 22670/2000 and 21625/2000 are in respect of Private Unaided Schools.. Except in O. P. No.. 21667/2000, petitioners in all the other O. Ps. seek for direction to the Government to grant Plus Two Course to their Schools. In O. P. 21667/2000 the tea-chers and staff of a Vocational Higher Secondary School to which Plus Two Course is granted as per Government Order dated 26-7-2000 challenge the said grant. In O. P. Nos. 21979/2000 and 22670/2000 there is also a challenge to the grant of Plus Two Course to the nearby Schools. The High Schools involved in O. P. Nos. 22448/2000 (Govt.), 22254/2000(Govt.), 22142/2000 (Aided), 22253/2000 (Aided), 21667/2000 (Aided), 21606/2000 (A), 22462/2000 (A), 21979/2000 (A) and 24053/2000 (A) were recommended by the District Level Committee. The Schools involved in O.P. Nos. 21699/2000 (G), 21854/200 0(A), 22460/2000 (A) and 22236/2000 (A) were not recommended by the District Level Committee and hence the Government did not consider the said Schools for the grant. The Schools in O. P. 22670/2000 (UA) and O. P. 21625/2000 (UA), though recommended by the District Level Committee, were not considered by the Government for the grant on the ground that there are eligible Government and Aided Schools available in the district for the grant.

(2.) The State of Kerala, as part of the National Education Policy of 1986, decided to delink Pre-degree Course from colleges in the State in a phased manner and to introduce Plus Two Course in High Schools. The said process started from 1990 onwards. As a first step, Plus Two Higher Secondary Course was introduced in 31 selected Government Schools, one in each educational district in the academic year 1990-91. With a view to completely abolish Pre-degree Course from the colleges in the State and to make it part of the Higher Secondary Education attached to the High Schools, a legislation by name 'Pre-degree Course (Abolition) Act, 1997 (Act 3/98)' was passed by the State Legislature. From 1997 onwards the Government was granting Plus Two Courses both to Government High Schools and to Aided High Schools on account of delinking of Pre-degree Courses from colleges. Notification inviting applications from Government/Aided/Recognised High Schools for opening new High Secondary Courses for 2000-2001 was issued on 17-2-2000. Pursuant to the said notification, all the aforesaid three categories of High Schools made applications before the Director of Higher Secondary Education. Government issued two Orders, (1) G. O. (Rt) No. 179/2000/G. Edn. dated 2-6-2000 and (2) G. O. (MS) No. 209/2000/G. Edn. dated 24-6-2000 granting permission to 360 High Schools (144 Government and 216 Aided Schools) to start Plus Two Courses. Recognised Schools were not considered for the grant. These two orders were challenged in 181 writ petitions (151 filed by Aided Schools and 30 by Recognised Unaided Schools). Five writ appeals were also there. The challenge was with regard to the legality and validity of the said two orders. The petitioners therein contended that though they satisfied the requisite eligibility criteria and the norms laid down by the State of Kerala itself in five Government Orders/Notifications issued from time to time (1) Notification dated 2nd April, 1997, (2) Government Order dated 2-5-1997, (3) G.O. dated 11-6-1997, (4) G.O. dated 12-6-1997 and (5) G.O. dated 13-2-1998, Plus Two Course was not sanctioned to their Schools. It was also their contention that though there were 1429 applications for grant of Plus Two Course the Government arbitrarily selected only 360 Government/Aided Schools without following the requisite criteria/norms laid down in the Government Orders mentioned above. It was also contended that the aforesaid selection was in breach of the criteria/norms laid down this year in the Notification dated 14-2-2000 and G.O. dated 30-3-2000. As regards the Recognised (Unaided) Schools, the further contention was that the refusal on the part of the State even to consider the applications of the recognised schools on the ground of a non-existent policy is wholly arbitrary and unreasonable and hence vitiates the mandate of Article 14 of the Constitution of India. The Division Bench presided over by the Hon'ble the Chief Justice (Mr. Justice K. S. Radhakrishnan sitting with the C.J.) after elaborate consideration of the matter, set aside the two Government Orders dated 22nd June and 24th June, 2000 holding that the State Government has acted arbitrarily in selecting 360 out of a total of 1429 schools which had applied for permission to start Plus Two Course for the academic year 2000-2001. It was held that the impugned action of the State Government is hit by Article 14 of the Constitution of India. However, the Division Bench observed that they do not wish to leave the students and parents as well as the school managements in the realm of uncertainty. Accordingly, the Division Bench directed the Government to re-consider all the 1429 applications in accordance with the norms laid down in the 7 Government Orders/Notifications mentioned supra. It was further observed that while doing so, it will be permissible for the Government to adhere to the principles set out in Para 5 of its counter in O.P. No. 17843/2000 which read as follows :-

(3.) The Division Bench judgment was rendered on 7th July, 2000 in O.P. No. 11779 of 1997 and connected cases. As already noted, the Government had undertaken that they will re-examine all the applications received for permission to start Plus Two Courses for the academic year 2000-2001 in accordance with the guidelines indicated in the judgment and that the exercise will be completed by the 22nd July, 2000 and consequential orders will be issued in the week commencing with 24th July, 2000. The Government also undertook that orders sanctioning Plus Two in such of the schools as are found eligible will be issued latest by 26th July, 2000.