IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WA.No. 740 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3466/2008 Dated 11/11/2008 .................... APPELLANT/PETITIONER ---------------------------------- A.ABDUL RASHEED, MANAGER, BADHARIA U.P.SCHOOL, VELLICHIKKALA, KOLLAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SMT.P.S.SHEEJA RESPONDENTS/ RESPONDENTS ----------------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA. GOVT.PLEADER, SRI.BENNY GEVARSIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ------------------------------ W.A.No.740 OF 2009 -------------------------------- Dated this the 1st day of April, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The point raised by the appellant in this appeal is squarely covered against him by the decision of the Apex Court in State of Kerala v. Prasad [2007(3) KLT, 531]. The learned Single Judge dismissed the writ petition relying on that judgment. Admittedly, in the area where the appellant's school is located, there is no proposal of the Government for sanctioning a Lower Primary School or High School . If the Government had any such proposal, the same will be published as a notification issued under Rule 2 of Chapter V of the Kerala Education Rules. In the absence of any such notification, the appellant cannot claim sanction of a Lower Primary School or High School. In the result, the Writ Appeal is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps