IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 8386 of 2011(W) ------------------------------------- PETITIONER: ------------------- THE MANAGER, ST.MARY'S L.P.SCHOOL, MARIAPURAM P.O., NEYYATTINKARA TALUK, TRIVANDRUM. BY ADVS. SRI.C.S.MANILAL, SRI.K.VIDYASAGAR, SRI.S.NIDHEESH. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN – 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM, PIN – 695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, PIN – 695 121. 4. THE ASSISTANT EDUCATIONAL OFFICER, NEYYATTINKARA, PIN – 695 121. R1 TO R4 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8386 of 2011-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2011. JUDGMENT The petitioner seeks for a direction to the Government to consider Ext.P6 request for upgradation of the petitioner's school which is situated in Mariapuram, Neyyattinkara Taluk. 2. It is the case of the petitioner that it is a minority run school under the Christian denomination by name Society of Sacred Transfiguration, Mount Tabour, Trichy. The school was established in 1918 and became an aided school in the year 1963. It is the further case of the petitioner that for some time back the petitioner has been making applications for upgradation and mention is made about the applications submitted in 1991 and 1995 as per Exts.P1 and P2. The cause of action for the petitioner has arisen in the light of the Govt. Order dated 12.1.2010. Based on the said Govt. Order, the petitioner made a request to the fourth respondent for upgradation of the school and a further application has been submitted as Ext.P6 before the first respondent. It is also the case of the petitioner that in 2009 as well as in 2010 various schools have been granted up gradation as evidenced by Exts.P7 and P8. wpc 8386/2011 2 3. Learned Govt. Pleader pointed out that unless there is a notification issued in terms of Chapter V, Rule 2, the petitioner's application cannot be considered. 4. The legal position as upheld by this Court and that of the Apex Court is that the application for upgradation can be considered only in terms of the notification issued by the Government for the said purpose. Evidently, there is no notification as of now inviting applications for upgradation schools. In that view of the matter, as and when a notification is issued by the Government, the petitioner can approach the authorities concerned. With liberty to do so, this writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/