JANAKI AMMA Vs. GOVT OF KERALA

JUDGEMENT

(1.) The Director of Public Instruction published a preliminary list of 275 areas for opening new schools as per the Notification No. W4/30170/82 dated 15-3-1982. Poovattoor was included as Sl. No. 97 among the places notified as an area where a High School is to be opened or an Upper Primary School to be upgraded. The petitioner in p, P. 4989/1984 and others objected to the inclusion of Poovattoor in the preliminary list. The objectors were heard by the 2nd respondent, Director of Public Instruction, on 15-11-1982. The 2nd respondent thereupon found that the objections are valid and that Poovattoor may be dropped from the list. After getting the approval of the Government the final list of areas for new High Schools for the academic year 1982-83 was . published by Notification dated 27-1-1983. Poovattoor did not find a place in the final list. Additional third respondent, Manager of Poovattoor U.P. School filed a review petition before the Minister for Education challenging the non inclusion of Poovattoor in the final list of areas for new High Schools. The petitioner was given notice of that review petition. The Minister for Education heard the petitioner and others on the review petition on 4-6-1983. The Government by Ext. P5 order (G.O. Rt. No. 1391/84/ G. Edn. dated 3-5-1984) decided to include Poovattoor in the final list of areas for opening new High Schools. On 30-5-1984 the Government invited applications for opening new High Schools in three areas including Poovattoor in Kottarakkara Education District. Thereafter the Government by order, G. O. (MS) No. 7134/84/G. Edn. dated 18-7-1984 decided to upgrade the Upper Primary School at Poovattoor as High School. The action of the Government in passing in Ext. P5 order reviewing the final list by including Poovattoor as a place for setting up a new High School and granting sanction to the additional third respondent to upgrade the existing U. P. School are under challenge in O. P. 4989/1984.

(2.) R.2 of Chapter V, Kerala Education Rules lays down the procedure for determining the areas where new schools are to be opened and existing schools upgraded. Sub-rule (1) of R.2 deals with the manner in which the Director of Public Instruction is to prepare a list indicating the localities where new schools are to be opened and existing schools upgraded. Clauses (a) to (e) of sub-rule (1) of Rule-2 enumerate various aspects which are to be taken into consideration in preparing the said list. The list so prepared is to be published in the Gazette inviting objections or representations against the same. Sub-rule (3) of Rule-2 provides for further steps to be taken before finalising the list. That provision enables the Director to hear the parties before finalising the list which is to be forwarded to the Government with his recommendations. As per sub-rule (4) of Rule-2 the Government are to scrutinise all the records before granting approval to the list. While giving such approval the Government are having the power to modify the list. The list as scrutinised and approved by the Government has to be forwarded to the Director who in turn is to publish the same in the Gazette. Sub-rule (5) of Rule-2 would state that no appeal or revision shall lie against the final list published by the Director. But it contains a proviso authorising the Government to review the order finalising the list suo motu or on application by any person submitted before the expiry of 30 days from the date of publication. In such review the Government can make modifications in the list as they deem fit by way of additions or omissions. But for doing so the Government are to be satisfied that:

(3.) In the instant case the preliminary list of areas for opening new schools during the academic year 1982-83 was published on 15-3-1982. Objections were filed by the petitioner in O. P. 4989/84 and others. They were given a hearing by the Director of Public Instruction. After hearing all the objectors, the Director came to the conclusion that the objections raised by them are valid and that there is no educational need to start a new High School at Poovattoor. Accordingly, he ordered to drop Poovattoor from the list. This finding of the Director of Public Instruction is evident from the file leading to R. Dis. 30170/82 dated 31-3-1984, which is made available to me by the learned Government Pleader. The said opinion of the Director was forwarded to the Government as contemplated by sub-rule (4) of Rule-2, Chapter V, K. E. R. The Government after scrutinising all the records approved the recommendations of the Director. Thereafter the final list was notified. In that final list Poovattoor was not included. Thereafter the additional 3rd respondent filed a review petition before the Minister for Education on 4-6-1983 for reviewing the final list. Notice of that petition was served on the petitioner in O. P. 4989/84 as well. The Minister for Education heard the petitioner and others on 4-6-1983. The Review Petition has been disposed of by Ext. P5 order dated 3-5-1984. The operative portion of that order reads: