MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the Manager of Maniyar High School in Pathanamthitta. According to the petitioner, school is situated in educationally and socially backward area and most of the inhabitants in the school area belonging to Scheduled Castes, Scheduled Tribes and other backward communities. Even though petitioner made attempts for upgradation of the school since 1997 and secured various judgments from this court, the Authorities have not taken a decision in favour of the petitioner.

(2.) Anyhow in June, 2013, Government invited applications for upgradation of High School as Higher Secondary School and in turn petitioner applied for the same. It is the case of petitioner that, sufficient facilities are provided by the petitioner for upgradation of the high school as Higher Secondary School. It is also duly recommended by all concerned in the General Education Department and the Local Self Government Department. In fact the 2 nd respondent i.e., the Director of Higher Secondary Education had recommended the petitioner school as well for upgradation. During the pendency of the application, petitioner approached this court and has secured Ext.P9 judgment in W.P.(C)No.24143/2010, which was disposed of along with other connected cases, whereby directions were issued to consider the application taking into account various aspects especially educational need of the area. Anyhow thereafter Ext.P10 order is passed by the 1st respondent declining upgradation of the school. It is thus challenging Ext.P10, this writ petition is filed.

(3.) Third respondent has filed a counter affidavit wherein it is stated that Gurukulam High School, Edakkulam is the nearest higher secondary school to the petitioner's school. However, the sanctioning of higher secondary school in the State is vested with the Government. It is the policy matter of the Government and the upgradation can be permitted on the basis of certain procedure to be followed. It is also pointed out that, as a policy matter, the Government did not find any reason to allow the application of the petitioner. It was accordingly that Ext.P10 order is passed.