IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 1440 of 2011(D) ------------------------- PETITIONER : -------------------- A. ABDUL RASHEED, MANAGING TRUSTEE, BADARIYA EDUCATIONAL TRUST AND MANAGER, BADHARIYA U.P SCHOOL, VELICHIKKALA, KOLLAM. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN – 590 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN – 590 001. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM, PIN – 691 001. 4. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM, PIN – 691 001. 5. ASSISTANT EDUCATIONAL OFFICER, KUNDARA, PIN – 680 684. R1 TO R5 BY GOVT. PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1440 of 2011-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2011. JUDGMENT The petitioner is seeking for a direction to consider Ext.P4 styled as a review petition before the Government. The petitioner is the Manager of a school, viz. Badhiriya U.P. School in Kollam District. The issue pertains to the upgradation of the school. There were various litigations in the matter and ultimately the petitioner's school was included in a preliminary notification dated 26.7.2003. In the final notification the said school was not included which was challenged before this Court in W.P.(C) No.10118/2004, whereby it appears that a direction was issued to the Government. The resultant order was also against the petitioner. The state of affairs as on today, shows the following: 2. Along with the affidavit dated 21.1.2011 the petitioner has produced Exts.P2 to P15. The petitioner lastly approached this Court by filing W.P.(C) No.3466/2008 challenging Ext.P12 order produced therein. Therein also, the prayer was to direct the respondents to pass orders pertaining to the petitioner's school for upgradation as a high school and also to sanction L.P. section. The said writ petition was dismissed in the wpc 1440/2011 2 light of the decision of the Apex Court in State of Kerala v. Prasad (2007 (3) KLT 531) and the Writ Appeal filed against the same was also dismissed as per Ext.P15 judgment. 3. Learned Govt. Pleader submitted that in the light of the above judgments, as the orders of the Government have become final, the review petition cannot be entertained by the Government at all. I see much force in the contention of the learned Govt. Pleader. Learned counsel for the petitioners tried to distinguish the same by submitting that vital facts have not brought to the notice of the Government as well as before this Court in the writ petitions. Evidently, the petitioner cannot approach the Government by filing a review petition to resurrect the issue which has been confirmed by this Court in the earlier judgments. As on today, there is no fresh notification with regard to this particular district inviting applications for upgradation of any L.P. School or U.P. School. As evident from the various judgments of this Court and the decision of the Apex Court in Prasad's case (2007 (3) KLT 531), it is a policy matter for the Government to announce from time time. 4. In that view of the matter, the review petition filed by the petitioner before the Government cannot lie, evidently and hence no wpc 1440/2011 3 direction can be issued in this writ petition. Hence, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/