E.I. NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The dispute involved in this petition is a far too frequent controversy relating to permission for opening of new schools in the private sector by the Government in exercise of its powers under the Kerala Education Act and the Rules framed thereunder.

(2.) The petitioner is the Manager of a private aided high school at Nankicity in Kanjikuzhi Panchayat of Idukki District. That school was sanctioned in the year 1982-83. Kanjikuzhi Panchayat has an area of about 80 Sq. Kilometres and a population of 20,673. It is tucked away among the hills in the far reaches of the High Ranges. There is a Government High School in the Panchayat. There are two U.P. Schools, one owned by the 5th respondent and another owned by the S.N.D.P. Yogam. These schools are within close proximity of the two high schools. S.M.L.P. School, S.N.U.P. School Churuly, Government U. P. School, Alpara, Churuly and Govt. U. P. School Pazhayarikandam are the other educational institutions in the Panchayat. Petitioner and the 5th respondent were applicants for permission to open a new High School at Nankicity in 1982-83. The 5th respondent could not succeed in his attempt to obtain sanction for the High School at that time. It is the petitioner's contention that thereafter the 5th respondent was trying his level best to obtain sanction for a High School in the same area, q at in some other place name, to create unhealthy competition with the petitioner's school.

(3.) According to R.2 Chap.5 of the Kerala Education Rules, the Director of Public Instructions has to prepare a report indicating the localities where new schools are to be opened, or existing schools are to be upgraded in preparing such report: