VICAR ST MARYS CHURCH Vs. NARAYANAN

JUDGEMENT

(1.) These two appeals arise from the judgment in OP. No. 4027 of 1984 The learned Judge quashed Ext. P7 in so far as it included Punnayar of Kanjikuzhi Panchayat in the final list approved by the Government and published by the Director of Public Instruction as per R.2 of Chap.5 of the Kerala Education Rules, 1959 and Ext. P8 dated 30/07/1983 which is the Government order reviewing its earlier order and directing the inclusion of Punnayar in the final list. The learned Judge held that Ext. P8 and the consequential order Ext. P7 were vitiated for the reason that the Government exceeded its power to review under sub-r.(5) of R.2.

(2.) A preliminary list of places for sanctioning High Schools had been prepared under R.2 and objections called for. Objections were heard, and the Director of Public Instruction, on consideration of the objections and the reports of the concerned District Educational Officers, recommended a final list to the Government. It was that list which the Government approved and subsequently reviewed by the impugned order (Ext. P8) as a result of which a High School was sanctioned in Punnayar.

(3.) The main complaint of the petitioner / 1st respondent is that Ext. P8 is an invalid order as the Government exceeded its power to review under R.2(5), as a result of which the divisions strength of the petitioner's school is seriously jeopardised. The learned Judge accepted the contentions regarding the invalidity of the Government order.