BSD EDUCATION SOCIETY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved with Ext.P7 order passed by the Government; purportedly in compliance of the directions issued in Ext.P6. The petitioner had been consistently before the Government and before this Court seeking for establishment of an aided College in Neyyattinkara; to which end the instant writ petition also is filed.

(2.) The petitioner is a Society of members of the Nadar Community, a Backward Community, coming within the category of Other Backward Communities [OBC], who requested for establishment of an aided College in Neyyattinkara, inter alia to uplift the members of the community, who predominantly reside in that area. On consideration being not taken up expeditiously, WP(C) No.6345 of 2016 was filed, in which there was a direction to consider the request made by the petitioner within one month.

(3.) The Government declined the request by Ext.P5 order, in which it was found that there are four aided/Government Colleges functioning around the proposed area, viz: VTM NSS College, Dhanuvachapuram, KNM Government College, Kanjiramkulam, Christian College, Katakkada and the Government Arts and Science College, Kulathur. The petitioner challenged the order before this Court, in which Ext.P6 judgment was passed. The Government opposed the prayer again on the basis of the existence of four Colleges within the area in which the petitioner proposes to establish the aided College. The existence of four Colleges within the area was specifically controverted by the petitioners in the writ petition, which was noticed by the learned Single Judge, who passed Ext.P6 order, in paragraph 5 as follows: