N. JANARDHANAN NAIR Vs. STATE OF KERALA, SECRETARY TO GOVERNMENT AND THE DIRECTOR OF HIGHER SECONDARY EDUCATION

JUDGEMENT

(1.) THE writ petition is filed by the Manager of K.N.N.M.V.H.S., a High School at Pavithreswaram, Kottarakkara, Kollam. The grievance of the petitioner is that their application for sanction of Higher Secondary School is not being considered by the Government, despite the fact that as per Ext. P1 order of the Government it was found that the school has all the necessary infrastructure and facilities for starting the Higher Secondary School. It is the case of the petitioner that when the Government has a policy to start Higher Secondary School in every Panchayath, despite the fact that Ext. P1 order evidences that the petitioner's school satisfies all the requirements, Government has denied the sanction on the ground that the Government's financial position do not permit sanctioning such Higher Secondary courses to aided schools. The matter was being agitated by the petitioner for quiet some time. In a batch of writ petitions filed for this purpose which resulted in Ext. P3 judgment dated 10.08.2004 the Division Bench of this Court held as follows: -

(2.) THE 3rd respondent has filed a counter affidavit inter alia contending that in order to achieve the object of giving opportunity for Higher Secondary course it is the policy of the Government to have the Higher Secondary School in every Panchayath in Kerala or a Vocational Higher Secondary School. It is stated that there are 3 Vocational Higher Secondary Schools in the same Panchayath. It was found that there was no sufficient Higher Secondary studies opportunity in Thrissur and Malabar districts and therefore the Government had taken a policy decision to start Secondary courses in Thrissur, Palakkad, Malappuram, Kozhikode, Kannur, Wayanad and Kasargode districts during 2010 -2011. It is further indicated that since there is no shortage of such facilities in Kollam district in which the petitioner's school belong, no policy decision was taken to start Higher Secondary course in that district and therefore Ext. P8 application could not be considered. The 3rd respondent has also given a list of students who had passed out after having availed higher studies in Pavithreswaram Panchayath and nearby Panchayaths such as Kulakkada and Neduvathoor which would show that SSLC pass outs during March 2012 is 1412 and Plus One/VHC seats is 1830. Therefore according to the 3rd respondent there are sufficient educational opportunities to cater educational requirement in the area.

(3.) THE main question to be considered is whether the direction as sought for, that is to consider or to direct the Government to sanction the Higher Secondary course to the petitioner's school or to direct consideration of Ext P6 is required to be made under the changed circumstances especially in the light of the fact that the Government had started Higher Secondary Schools in other districts as stated in the counter affidavit.