IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 12642 of 2008(E) -------------------------- PETITIONER: ---------------------- H.M.S. A.U.P. SCHOOL, THURAKKAL, MANJERI, REPRESENTED BY ITS MANAGER T.MOIDEEN, S/O.KOMU, AGED 74 YEARS. BY ADV. SRI.K.M.SATHYANATHA MENON ADV. SMT.S.SMITHA (PARAKKAL) RESPONDENTS: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT, MALAPPURAM. BY GOVT. PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 12642 OF 2008 -------------------------------------------- Dated this the 21st May, 2008 JUDGMENT The petitioner School was established in 1945. The School is being run now by a society registered under the Societies Registration Act. It is stated that the petitioner School was established as a lower primary school and subsequently, in 1976, the School was upgraded as an upper primary school. The Writ Petition would also disclose that upgradation was allowed by the Government, but no sanction was granted to start an aided school. It is stated that the society was constrained to start an unaided high school. 2. The petitioner submitted Ext.P4 representation to the Government praying that the upper primary school may be allowed to be upgraded as an aided High school. Ext.P4 is not yet disposed of. The learned Government Pleader submits that in view of Note (v) to Rule 11 of Chapter V of the Kerala Education Rules, the petitioner is not legally entitled to apply for an aided school. This is a matter for consideration by the Government. Since Ext.P4 is pending, I direct the first respondent to dispose of Ext.P4 in accordance with law. It is made clear that nothing is said on the merits of the contentions raised by the petitioner. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/