IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 3600 of 2011(Y) ---------------------- PETITIONER : -------------------- THE MANAGER, S.V.G.L.P.SCHOOL, CHETTUPUZHA POST, THRISSUR. BY ADVS. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRTARY, GENERAL EDUCATION, DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE ASSISTANT EDUCATION OFFICER, THRISSUR WEST, THRISSUR – 680 001. R1 TO R3 BY GOVT. PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3600/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of February, 2011 J U D G M E N T The petitioner seeks for a direction to consider the application filed as Ext.P1 for the upgradation of the S.V.G.L.P. School. The petitioner has explained in detail the requirements to have the L.P school upgraded to U.P School. The upgradation of a school is governed by the provisions of Chapter V of Kerala Education Rules, especially, Rules 2 and 2A. 2. Going by the averments in the writ petition, the application has been submitted suo moto by the petitioner without waiting for a statutory notification. The learned Government Pleader submitted that unless there is a policy decision by the Government inviting application through the Department, the application cannot be directed to be entertained. The legal position in this aspect is well settled by the decision of the Apex Court in State of Kerala v. Prasad [2007 (3) KLT 531 (SC)]. Faced with this situation, the learned counsel for the petitioner submitted that at any rate the Government may be W.P.(C). No.3600/2011 -:2:- directed to consider the request for appointment of a Hindi Teacher. It is upto the petitioner to file appropriate representation with regard to the same, through proper channel, before the authority concerned. It is made clear that whenever the Government or any other statutory authority issues a notification, the petitioner can seek upgradation of the school also. With the above observation, the writ petition is disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE