IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 16669 of 2008(H) ----------------------------------- PETITIONER(S): ------------------------ V.M.ABOOBACKER, MANAGER, M.M.HIGH SCHOOL, NEW MAHE, THALASSERY, KANNUR DIST. BY ADV.MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16669/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMON JUDGMENT DTD. 5.12.2000 IN OP. 21612/2000. P2:- COPY OF THE APPLICATION DTD. 5.5.06 TOGETHER WITH ATTACHED RECORDS. P3:- COPY OF THE APPLICATION DTD.4.2.2006 TOGETHER WITH ATTACHED RECORDS. P4:- COPY OF THE APPLICATION DTD. 9.7.07 TOGETHER WITH ATTACHED RECORDS. P5:- COPY OF THE REPRESENTATION DTD. 17.5.08. P6:- COPY OF THE GO(P) NO.107/08/G.EDN. DTD. 13.6.07. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16669 OF 2008 --------------------------------------- Dated this the 26th day of October, 2009. J U D G M E N T The petitioner is the Manager of M.M.High School, New Mahe, Thalassery in Kannur District. The petitioner is seeking for a direction to the 1st respondent to grant Higher Secondary School to the petitioner's school after considering Exhibits P2 to P4 applications. The petitioner has averred that the school was established in the year 1935 and the results of the school show that the pass percentage for the S.S.L.C stood at 86% in the year 2004, 88% in the year 2005, 97% in 2006 and 95% in 2007. It is also averred that the school is having excellent infra structure and material facilities including sufficient number of class rooms. There is a well equipped computer lab, library facilities etc. 2. The petitioner is relying upon Exhibit P1 judgment of this Court wherein the Government was directed to take a decision in the matter after considering relevant aspects and after hearing the petitioner. W.P.(C) No.16669/2008 2 3. The petitioner has also produced Exhibit P6 G.O.(P) No. 107/07/G.Edn. dated 13.06.2007 wherein by clause 2(c) it is stated that High Schools will be upgraded as Higher Secondary Schools in certain districts which include Kannur District. It is in these circumstances, the petitioner has filed this writ petition. 4. Learned Government Pleader submitted that only if there is a policy decision in the matter and only after following statutory prescriptions, the applications of the petitioner can be considered. Since no replies have been given to the petitioner so far on the applications Exhibits P2 to P5, there will be a direction to the respondents to consider the applications submitted by the petitioner as above and communicate their decision to the petitioner within a period of three months from the date of receipt of a copy of this judgment. The same will be considered in terms of the current policy as well as in the light of the specific prescriptions for grant of such Higher Secondary Schools. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp