IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 34183 of 2007(T) -------------------------- PETITIONER: ------------ SREENIKETAN CENTRE FOR SOCIAL DEVELOPMENT, REPRESENTED BY HONOURARY DIRECTOR DR. N.RAVEENDRAN, CHATHANNOOR P.O., KOLLAM-72. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.T.T. MAHMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34183 of 2007 EXT.P1: COPY OF THE GOVERNMENT ORDER VIDE G.O.(MS) NO.312/2005.G.EDN. DATED 12.8.2005 ISSUED BY R2. EXT.P2: COPY OF THE SAME GOVERNMENT ORDER VIDE G.O.(MS) NO.86/2006/G.EDN. DATED 1.3.2006 ISSUED BY R2. EXT.P3: COPY OF THE REPRESENTATIION DATED 8.1.2007 SUBMITTED BY THE PETITIONER. EXT.P4: COPY OF JDUGMENT DATED 2.4.2007 IN W.P.(C) NO.11429/2007 PASSED BY THIS HON'BLE COURT. EXT.P5: COPY OF ORDER NO.G.O.(RT)NO.2617/07/G.EDN. DATED 11.6.2007 ISSUED BY R2. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.34183 OF 2007 ---------------------------------------- Dated this the 28th day of March, 2008 JUDGMENT The petitioner is conducting an aided school, which has classes in standards 1 to VIII as also Plus Two Courses under English Medium. By Ext.P3, the petitioner submitted an application for sanction of standards IX and X also. However, the request of the petitioner was rejected by Ext.P5 on the ground that at present there is no policy decision regarding sanction/upgradation/recognition of schools and that the petitioner may apply afresh when the Government announces the policy decision to sanction/upgradation/recognition of schools in the State after finalization of the guidelines to be followed in the matter. They are challenging the same on the ground that this is violative of fundamental rights of the petitioner under Article 14 of the Constitution of India in so far as Ext.P5 is an arbitrary decision. They would submit that sanction/upgradation/ recognition of schools are to be made on the basis of educational need and it cannot be governed by the policy decision of the W.P.(c) No.34183/07 2 Government. 2. Learned Government pleader points out that the Supreme Court has in the decision of State of Kerala V. Prasad [2007(3) KLT 531] has held that sanction/upgradation/recognition of schools has to be in accordance with the provisions of Chapter V of the Kerala Education Rules and only when applications are invited under Rule 2(a) of Chapter V of the KER by the Director of Public Instruction, the DPI is bound to consider the applications. On a perusal of the above said decision, I am also satisfied that the said decision squarely covers the issue and therefore I do not find any merit in the contention of the petitioner. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.34183/07 3