STATE OF KERALA Vs. SREELAL K.V.

JUDGEMENT

(1.) Among these appeals, W.A.No.274 of 2022 arises from the judgment in W.P.(C) No.16743 of 2021 and W.A.No.271 of 2022 arises from the judgment in W.P.(C) No.25585 of 2021. In both the appeals, the official respondents in the writ petitions are the appellants. As the writ petitions were disposed of by a common judgment, the writ appeals are also disposed of by this common judgment. Parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C) No.16743 of 2021 from which W.A.No.274 of 2022 arises.

(2.) The petitioner is the Manager of an aided Higher Secondary School (the School) located at Moonniyur in Malappuram District, governed by the provisions of the Kerala Education Act (the Act) and the Kerala Education Rules (the KER). The petitioners in W.P.(C) No.25585 of 2021 were a few students residing within the limits of Moonniyur Grama Panchayat seeking admission to higher secondary courses in the School. Having regard to the educational need in the area, four batches of higher secondary courses have been sanctioned to the School in the academic year 2011-2012. On 20/5/2019, the petitioner submitted a representation before the Government requesting to grant additional batches of higher secondary courses in the School and the said representation was turned down by the Government in terms of Ext.P7 order, stating that the State Level Committee constituted by the Government to assess the educational need in the field of secondary education has not recommended sanctioning of new batches in aided sector. Ext.P7 order was under challenge in the writ petition. The petitioner also sought in the writ petition, directions to the Government to sanction three additional higher secondary batches to the School. The case set out by the petitioner in the writ petition was that only 200 students could be accommodated in the existing higher secondary batches in the School and since on an average of about 750 students qualify every year for admission to higher secondary courses from the School itself, the remaining students are deprived of the facility to pursue higher secondary courses. It is also the case of the petitioner in the writ petition that the Committees at the Regional and State Level constituted by the Government to assess the educational need has recommended additional batches of higher secondary courses to the School. According to the petitioner, the decision of the Government in declining additional batches of higher secondary courses to the School is, therefore, illegal and arbitrary.

(3.) The stand taken in the counter affidavit filed on behalf of the Government is that although recommendations have been made by the State Level Committee, having regard to the fact that classes could be conducted during the current academic year only through online mode due to the spread of COVID-19, and having regard to the financial commitment involved in the matter of granting additional batches in the existing schools, the Government have decided in terms of Ext.R2(a) order, not to sanction any additional higher secondary batches in any Government or aided school in the current academic year. It was also stated by the Government in the counter affidavit that having regard to the pass percentage in the SSLC examination in the current academic year, the Government allowed an increase of 20% seats in the existing batches of higher secondary courses, both in the Government sector as also in the aided sector, wherever there is a dearth in the number of seats, in terms of Ext.R2(b) order. As such, according to the Government, there is no illegality in the decision impugned in the writ petition.