V. YOOSUF Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court, seeking for a direction to the respondents to implement Ext.P2 order and for a further direction to shift the students of the 8th respondent school, to a nearby Government school or any of the aided schools in the locality. It is stated by the learned counsel for the petitioner that, by Ext.P2 order, permission had been granted to close down the school and the Panchayath had been directed to make available an appropriate property and a building, to conduct the functioning of the school in the said premises. It is submitted that the Panchayath has not located any building for the conduct of the school. It is stated that in the current academic year, there are only 17 students studying in the school and Ext.P2 order is liable to be implemented by shifting the students of the 8th respondent school to a nearby Government or aided school.

(2.) A counter affidavit has been filed on behalf of the 5th respondent contending that a fitness certificate has been obtained from the Assistant Engineer, LSGD Section, for the building, where the school is presently being conducted, certifying that it is fit for conducting classes in normal conditions. It is stated that 17 students are studying in the school and the Government had directed the Secretary of the Panchayath to find out a suitable place for the functioning of the school. It is further stated that the nearest school is the GFLPS Madakkara school with 32 students. It is stated in paragraph 9 of the counter affidavit as follows:

(3.) It is contended by the learned Government Pleader on instructions that there is a chance of new admissions in the next academic year and therefore, the school can be continued in the same premises.