IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WA.No. 701 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.14538/2011 Dated 31/05/2011 .................... APPELLANT(S): PETITIONER ------------------------ THE MANAGER,MARY MATHA HIGH SCHOOL, PANTHALAMPADAM PO, PANNIYANKARA PO, PALAKKAD DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): / RESPONDENTS --------------- 1. STATE OF KERALA,REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -01. 2. GOVERNMENT U.P.SCHOOL, KALLINGALPADAM, ALATHUR,PALAKKAD DISTRICT. 3. THE ASSISTANT EDUCATION OFFICER, ALATHUR,PALAKKAD DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. MS.T.B.REMANI, GOVERNMENT PLEADER FOR R1,3 & 4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/07/2011, ALONG WITH W.A.NO.717/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.701/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE- A : STATEMENT RECEIVED FROM THE DEO, PALAKKAD. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.Nos.701 & 717 of 2011 --------------------------------- Dated, this the 1st day of July, 2011 J U D G M E N T Ramachandran Nair, J. These Writ Appeals are filed against the conditional stay order issued by the learned Single Judge declining to issue prohibitory orders against the Government from upgrading Government UP School, Kallingalpadam to High School. The two Writ Appeals, one filed by the Manager and the other filed by the Manager and Teachers of the School apprehending decline of their High School and loss of staff strength on account of the upgradation of the Government UP School located one kilometer away from the appellant's High School. The statistics produced by the learned Government Pleader shows that when the Government UP School was proposed to be upgraded to High School 114 students got admission in the 8th Division, whereas the appellants' School had only 100 W.A.Nos.701 & 717/2011 -2- students in the 7th standard. What is clear is that besides all the students of the same School of the 7th standard continued in the 8th standard, 14 more came from other Schools. There is a decline in the student strength of the appellants' School from previous year in the 8th standard by 50, which may be attributable to the upgradation of the Government UP School to High School. The only conclusion plausible is that the appellants' School could not attract students from the Government School which means that people have faith in the Government School. So much so, we do not find any justification for modifying the stay order issued by the learned Single Judge. Accordingly, these Writ Appeals are dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg