GOVINDA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these original petitions are Managers of aided schools. They challenge a notification containing a final list of localities for starting new schools published by the 2nd respondent Director of Public Instruction under R.2(2), Chap.5, KER. The above notification produced as Ext. P2 in O. P. No. 2644 of 1979 includes a place called Pavumba not far away from the schools run by the petitioners as an area for an Upper Primary School.

(2.) According to the petitioners in pursuance of a decision taken in January 1979 for sanctioning new schools or for upgrading existing schools, the 1st respondent State issued a notification on 20-1-1979 fixing a time schedule for taking steps for sanctioning new schools. The 2nd respondent Director of Public Instruction on 22-1-1979 published in the Kerala Gazette the preliminary list under R.2(2), Chap.5, KER inviting objections. The 2nd respondent issued the final list of areas for starting new schools under R.2(4) as per notification dated 11-4-1979 On 11-4-1979 itself the 2nd respondent issued another notification under R.2(2) containing a preliminary list of areas. According to the petitioners, this was the result of political pressure. The petitioners objected to the preliminary list. But the 2nd respondent issued notification dated 22-6-1979 (Ext. P2 in O. P. No. 2644 of 1979) containing the final list under R.2(4). It was under the above circumstances that the petitioners approached this Court with these original petitions.

(3.) The 1st respondent has filed counter affidavits in both cases justifying the publication of the second preliminary list and the finalisation of the same as per notification dated 22-6-1979. The allegation of political pressure is denied in the counter affidavits. In Para.13 of the counter affidavit in O. P. No. 2476 of 1977 it is contended that 'there is no express provision to prevent the 2nd respondent not to publish a second list'. In Para.9 of the counter affidavit in O. P. 2644 of 1979 it is pointed out that an Upper Primary School was already sanctioned at Pavumba.