IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 23351 of 2010(T) ---------------------------------------- PETITIONER(S): ----------------------- K.IBRAHIM, MANAGER, AKMH SCHOOL, KOTTOOR, INDIANOOR, KOTTAKKAL, MALAPPURAM DISTRICT. BY SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE BY ADVS. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-1 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, GOVT.OF KERALA, THIRUVANANTHAPURAM1. R1 & R2 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- WP(C)NO.23351/2010 -2- APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 23/2/2006 IN WP(C)NO.1772/2006 OF THOS HONOURABLE COURT. P2 COPY OF THE JUDGMENT DATED 19/6/2007 IN WP(C)NO.18195/2007 OF THIS HONOURABLE COURT. P3 COPY OF THE NOTIFICATION DATED 7/6/2010 FROM THE 2ND RESPONDENT. P4 COPY OF THE APPLICATION DATED 14/6/2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5 COPY OF THE LETTER DATED 14/6/2010 FROM THE PRESIDENT,KOTTAKKAL GRAMA PANCHAYAT. P6 COPY OF THE LETTER DATED 14/6/2010 FROM THE LOCAL MLA TO THE 1ST RESPONDENT. P7 COPY OF THE GOVERNMENT ORDER (M.S) NO.128/2010 G.EDN DATED 20/7/2010. P8 COPY OF THE G.O.(MS)NO.91/10/HSE DATED 03/06/2010 OF THE 1ST RESPONDENT. P9 COPY OF THE G.O.(P)NO.117/2010/LSGD DATED 09/06/2010 OF THE 1ST RESPONDENT. P10 COPY OF THE LOCATION MAP PREPARED BY THE SPECIAL GRADE SECRETARY, KOTTAKKAL GRAMA PANCHAYATH P11 COPY OF THE REPORT,OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005. P12 COPY OF THE INFORMATION FURNISHED TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT, 2005, BY THE PRINCIPAL, GOVERNMENT RAJAH'S HIGHER SECONDARY SCHOOL, KOTTAKKAL DATED 19/03/2011. P13 COPY OF THE CERTIFICATE BY THE HEAD MASTER DATED 14/12/2010. P14 COPY OF THE RESOLUTION PASSEDIN THE 29TH MEETING OF THE GRAMA PANCHAYATH DATED 26/06/2009. P15 COPY OF THE PARTICULARS RELATING TO KOTTAKKAL MUNICIPALITY, DOWNLOADED FROM THE WEB SITE OF LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA. P16 COPY OF THE PARTICULARS RELATING TO MALAPPURAM MUNICIPALITY,DOWNLOADED FROM THE WEB SITE OF LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23351/2010-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of June, 2011 J U D G M E N T The petitioner is the Manager of an Aided High School. 2. The grievance raised by the petitioner herein is that even though he was an applicant for sanction of Higher Secondary course, when the final order was passed by the Government, namely, Ext.P7, there was no consideration of the petitioner's school, for grant. 3. Heard the learned Senior Counsel for the petitioner Shri O.V.Radhakrishnan and the learned Government Pleader. Learned Senior Counsel submitted that going by the parameters prescribed, the school was eligible for grant of Higher Secondary courses. It is pointed out that, in Ext.P7, there is no consideration of the application filed by the petitioner and it is only a general order which has not adverted to the claims of an applicant like the petitioner. W.P.(C). No.23351/2010 -:2:- 4. Ext.P4 is the copy of the application submitted by the petitioner which is in response to Ext.P3 notification. It is pointed out that various procedures were gone through after submission of the application. 5. Along with Interlocutory Application No.5495/2011 the petitioner has filed a detailed affidavit explaining the requirement to sanction Higher Secondary courses to the school. It is prayed that the Government may be directed to consider the claim in accordance with the scheme and pass a considered order in answer to the application. It is also prayed that the Government may be directed to consider the details the petitioner has averred in the affidavit filed in support of the I.A. No.5495/2011. 6. There will be a direction to the Government to consider Ext.P4 application in accordance with law and pass appropriate orders and communicate the decision to the petitioner, within a period of two months from the date of receipt of a copy of this Judgment. It is open W.P.(C). No.23351/2010 -:3:- to the petitioner to file a detailed representation showing the details which he has averred in the affidavit filed in support of I.A.No.5495/2011 which will also be taken into consideration. Petitioner will produce a copy of the Judgment and a copy of the I.A.No.5495/2011 along with the representation before the first respondent for compliance. It is made clear that this Court has not expressed anything on the merits of the claim. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms W.P.(C). No.23351/2010 -:4:- I am not finally pronouncing anything on the merits of the claim.