IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 29994 of 2008(U) -------------------------- PETITIONER --------------- M.PRAMOD, CHAIRMAN, E.K.C.M.EDUCATION TRUST, AROOR P.O., KAKKATTIL (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL ADMINISTRATION, CO-ORDINATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: TRUE COPY OF RESOLUTION DTD.27.10.2004 PASSED BY THE PURAMERI GRAMA PANCHAYAT. EXHIBIT P2: TRUE COPY OF RESOLUTION DTD.30.4.2004 PASSED BY THE THUNERI GRAMA PANCHAYAT. EXHIBIT P3: TRUE COPY OF RESOLUTION DTD.28.6.07 PASSED BY THE THUNERI GRAMA PANCHAYAT. EXHIBIT P4: TRUE COPY OF JUDGMENT DT.24.1.2006 IN W.P.(C) NO.28013 OF 2005. EXHIBIT P5: TRUE COPY OF ORDER DTD.29.3.2006 ISSUED BY R1.\ EXHIBIT P6: TRUE COPY OF JUDGMENT DTD.6.2.08 CONT.CASE(C) NO.1461 OF 2007. EXHIBIT P7: TRUE COPY OF ORDER DTD.5.9.2007 ISSUED BY R1. EXHIBIT P8: TRUE COPY OF G.O.(P) NO.107/07/G.EDN. DTD.13.6.2007 ISSUED BY R1. //TRUE COPY// PA TO JUDGE. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 29994 of 2008-U ------------------------------ Dated this the 17th day of March, 2009. J U D G M E N T Heard Sri.K.Ramakumar, the learned Senior Advocate appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for the respondents. 2. The petitioner who is a Chairman of the E.K.C.M Educational Trust, has filed this writ petition challenging Ext.P7 order passed by the Secretary to Government, General Education Department rejecting his application to establish a new school at Purameri Panchayat in Kozhikode District. The petitioner has also sought a writ in the nature of mandamus commanding the Government of Kerala to sanction a high school to the petitioner in Purameri Panchayat. 3. The learned counsel for the petitioner contends that since the local authority where the petitioner proposes to establish a new school has brought to the attention of the Director of Public Instruction and the Government the educational need of the locality, the Government erred in rejecting the petitioner’s request. 4. The Apex Court has in State of Kerala V. Prasad (2007 (3) KLT 531) held that an application for opening a new school or to upgrade an existing aided school can be submitted only after the Director of Public Instruction publishes a final list of areas where new schools are to be opened or existing schools are to be upgraded. The Apex Court has also held that applications received otherwise cannot be considered. It is not in dispute that the Director of Public Instruction has not published the list of areas where new schools are to be started or existing schools are to be upgraded after following the procedure prescribed in Rules 2 and 2A of Chapter V of the KER. In these circumstances the challenge to Ext.P7 cannot be entertained and the relief prayed for by the petitioner cannot be granted. The writ petition accordingly fails and is dismissed without prejudice to the right of the petitioner to apply for opening a new school as and when the Director of Public Instruction publishes a final list of areas where new schools are to be opened and if the locality where the petitioner proposes to establish a new school is included therein. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy// PA to Judge