IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 W.A.No. 1031 of 2009() AGAINST THE JUDGMENT IN WPC.19789/2008 Dated 18/08/2008 APPELLANT: PETITIONER DR.B.R.AMBEDKAR MEMORIAL WELFARE TRUST KERALA, ARUN NIVAS, MANJALLOOR, PATHANAPURAM P.O. KOLLAM DISTRICT, REPRESENTED BY ITS R.NANU, CHAIRMAN AND MANAGING TRUSTEE. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: RESPONDENTS 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATION OFFICE EDUCATION OFFICE, PUNALUR. 5. SECRETARY TO SC/ST WELFARE DEPARTMENT THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. R. BINDU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1031 OF 2009 --------------------------------------------- Dated this the 28th day of July, 2009 JUDGMENT Balakrishnan Nair, J. The appellant was the writ petitioner. It is a Trust desirous of establishing an Aided Upper Primary School at Kadakkamon in Pathanapuram Taluk in Kollam District. If sanction cannot be granted for establishing an aided school, the appellant submitted that it will be satisfied if an unaided recognised school is allowed to be opened in that area. The appellant submitted that it has been applying since 1996, but the applications were rejected. Last of its application for sanction was rejected by the Government by Ext.P16 communication dated 19.4.2008 and by the Deputy Director of Education by Ext.P17 communication dated 31.5.2008. Challenging those orders and seeking consequential reliefs, the Writ Petition was filed. The learned Single Judge, relying on the decision of the Apex Court in State of Kerala v. Prasad, 2007(3) K.L.T. 531 (SC), W.A.NO. 1031/2009 2 dismissed the Writ Petition. Feeling aggrieved by the said judgment, this Writ Appeal is filed. 2. Establishment of an aided or recognised school can be sanctioned only as provided under Chapter III of the Kerala Education Rules, 1959 (hereinafter referred to as “the Rules”). The provisions in Chapter III, especially those contained in Rules 2 and 2A of the Rules contemplate publication of a list of areas identified by the Director of Public Instructions with the approval of the Government where new schools should be opened. Thereafter, applications are invited and from among the applicants, selection is made. The appellant/writ petitioner does not have a case that Kadakkamon in Pathanapuram Taluk is identified as a place for opening an Upper Primary School. The appellant also does not have a case that applications were invited for opening an Upper Primary School at Kadakkamon. A school, whether aided or recognised, can be allowed to be opened in an area only under the provisions of Chapter III of the Rules and applications for the same should be in conformity with those provisions. The appellant is clamouring for opening a school de hors the provisions in Chapter III of the Rules. The said claim is plainly untenable. W.A.NO. 1031/2009 3 We find no merit in this Writ Appeal and it is accordingly dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A.NO. 1031/2009 4 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1031/2009 JUDGMENT 28th July, 2009