IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 14396 of 2011(Y) -------------------------- PETITIONER(S): --------------- THE MANAGER, AIDED HIGH SCHOOL, PAREL MAMPATTUMOOLA, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT. 2. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 6. GOVERNMENT U.P. SCHOOL, ANCHACHAVIDEI, P.O. ANCHACHAVIDI, MALAPPURAM DISTRICT, REP. BY ITS HEADMASTER. 7. STATE PROJECT DIRECTOR, RASHTREEYA MADHYAMIK SIKSHA ABHIYAN, STATE PROJECT OFFICE, TRANS TOWERS, VAZHUTHCAUD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14396/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of June, 2011 J U D G M E N T The petitioner is the Manager of an Aided High School which is situated in Chokkad Grama Panchayat in Malappuram District. The High School section was started in the year 2007. 2. The sixth respondent-Government U.P. School, which according to the petitioner, is situated close-by within a distance of 2kms. Now proposals are under consideration to upgrade Government Schools under the Rashtriya Madhyamik Siksha Abhiyan Scheme. It is the case of the petitioner that even though on previous occasions there were some consideration of the objections but those proposals were not finalised due to various reasons including absence of specific educational needs. References are made about various earlier orders and Ext.P2 Judgment of this Court. 3. It is pointed out in the writ petition that presently a fresh proposal has been mooted and the seventh respondent has recommended the sixth respondent W.P.(C). No.14396/2011 -:2:- Government U.P School along with other 14 schools in Malappuram District for upgradation as High Schools. The petitioner has pointed out that the provisions of Chapter V of the Kerala Education Rules will show that in the absence of specific educational needs, the Government cannot consider and grant the same. 4. Learned Government Pleader submitted that the matter is only at the stage of consideration and before finalising the list, all the objections will be duly considered. The learned counsel for the petitioner then prayed for an opportunity to place the objections before the Government. It is upto the petitioner to raise all the contentions before the Government by filing a detailed representation which will be duly considered before finalising the list. The resultant order will be communicated to the petitioner. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE