IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 7760 of 2007(W) -------------------------------------- PETITIONER(S): ------------------------ THE MAR THOMAS & E.A.SCHOOLS CORPORATE MANAGEMENT, REPRESENTED BY ITS MANAGER, SAMUEL JACOB C., S C S CAMPUS, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER EDUCATION DEPARTMENT, OFFICE OF THE DIRECTOR OF HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7760/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER OF APPROVAL DTD. 6.5.1965 ISSUED BY THE D.P.I. THIRUVANANTHAPURAM. P1(a):- COPY OF THE CONSTITUTIONAL BYE-LAW OF THE SCHOOL. P2:- COPY OF THE REQUEST DTD. 8.1.07 SUBMITTED BY ADVOCATE SMT.P.AISHA POTTI, M.L.A. BEFORE THE HONOURABLE MINISTER FOR EDUCATION. P3:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P4:- COPY OF THE CHALLAN RECEIPT SHOWING THE PAYMENT OF REQUISITE FEE IN THE TREASURY ON 23.9.1998. P5:- COPY OF THE REPORT OF THE PRESIDENT OF OOMMANNOOR GRAMA PANCHAYATH DTD. 14.2.06. P6:- COPY OF THE REPORT OF THE SECRETARY OF OOMMANNOOR GRAMA PANCHAYAT DTD. 27.1.05. P7:- COPY OF THE REQUEST OF THE PARENT TEACHERS ASSOCIATION OF ST. MARY'S HIGH SCHOOL DTD. NIL. P8:- COPY OF THE REMINDER DTD. 5.1.07 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR EDUCATION. TRUE COPY P.A. TO JUDGE tss T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.7760 of 2007 -------------------------- Dated this the 8th December,2009 J U D G M E N T The petitioner herein is the Corporate Manager of various schools. They are conducting various Lower Primary Schools, Upper Primary Schools, High Schools, Higher Secondary Schools and I.T.Is etc. This writ petition is concerned with the claim for grant of Higher Secondary Courses in St.Mary's High School, Kizhakkekkara in Kollam District. It is the case of the petitioner that since there are no other Higher Secondary Schools in the Panchayat, the petitioner had filed applications for grant of Higher Secondary Courses in the said school as per Exts.P3 and P4. Various other documents have also been produced herein to support the claim. 2, The main prayer in the writ petition is for sanctioning of Higher Secondary Course before the commencement of the academic year 2007-08. In so far as the sanctioning of the courses are concerned, it is governed by various Government Orders issued in the matter. It also depends upon the policy decision of the W.P ( C) No.7760 of 2007 2 Government which have been in vogue for some time. The school year namely 2007-08 is already over. Therefore, if the petitioner makes a fresh application in terms of the current policy, the same will be considered by the Government and a decision will be taken in terms of the current policy. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma The words "St.Mary's High School, Kizhakkekkara" occurring in the 6th line of the first paragraph of the judgment dated 08/12/2009 in WP (C) 7760/2007 are corrected as "M.T.H.S., Valakom" vide order dated 18/01/2010 in I.A 316/2010 in WP(C) 7760/2007. Sd/- Registrar (Judicial) W.P ( C) No.7760 of 2007 3 W.P ( C) No.7760 of 2007 4