IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 12652 of 2006(F) -------------------------- PETITIONER: --------------- PUTHUR MADAM A.M.U.P.SCHOOL, PERUMANA, PANTHEERANKAVU, CALICUT, REPRESENTED BY MANAGER, SAYED UMARALI SHIHAB. BY ADVS. DR.K.B.MUHAMED KUTTY, SENIOR ADVOCATE SRI.K.M.FIROZ RESPONDENT(S): --------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 12652 of 2006(F) ----------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ---------------------------- EXT.P1. COPY OF THE SANCTION ORDER BY THE GOVERNMENT DATED 5.1.2006. EXT.P2. COPY OF THE ORDER ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION TO THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE DATED 27.1.2006. EXT.P3. COPY OF THE VISIT REPORT ALONG WITH DETAILED SURVEY REPORT DATED 30.01.2006. EXT.P4. COPY OF THE NOTIFICATION DATED 10.2.2006 . EXT.P5. COPY OF THE SKETCH OF THE PERUMANNA GRAMA PANCHAYATH. EXT.P6. COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER SCHOOL ALONG WITH NECESSARY CHALAN DATED 14.3.2006. EXT.P7. COPY OF THE PROCEEDINGS DATED 18.4.2006 ISSUED BY THE SECOND RESPONDENT TO THE DIRECTOR OF PUBLIC INSTRUCTION ET.P8. COPY OF THE JUDGMENT IN WPC NO.6830 OF 2004 DATED 16.6.2004. RESPONDENT'S EXHIBITS : ------------------------------ EXT.R1(A). COPY OF THE GO (RT) NO.1904/2006/E.EDN. DT. 9.5.2006. / TRUE COPY / P.A. TO JUDGE VK S.SIRI JAGAN, J. ================== W.P.(C).No. 12652 of 2006 ================== Dated this the 14th day of December, 2011 J U D G M E N T The petitioner is the manager of an aided U.P. School in Perumanna Grama Panchayat in Kozhikode district. That U.P. School is the only U.P. School in the Perumanna Grama Panchayat. There is no high school in the Panchayat. The nearest high school is 3.5 kilometers away. Hence most of the students in the Panchayat are forced to stop their studies after class VII, because they cannot afford to enroll themselves in a school kilometers away. In 1995, the Government took a policy decision to sanction new high schools and up-grade existing schools in Panchayat areas where there were no high schools. By Ext.P1 dated 5.1.2006, the Government decided to start new schools in four Panchayats. Perumanna Grama Panchayat in Kozhikode district was one of those Panchayats. The Director of Public instruction was directed to pursue further action in respect thereof, as per the Kerala Education Rules. The Director of Public Instruction, by Ext.P2 dated 27.1.2006, directed the District Educational Officer to conduct an enquiry for finding out the most suitable area for upgrading the existing U.P. Schools/starting new high schools as per the provisions of Chapter V of the Kerala Education Rules. The DEO submitted Ext.P3 report, wherein the petitioner's school was found to be eligible for up- w.p.c.12652/06 - : 2 :- gradation as a high school. Pursuant to the same, the Director of Public Instruction issued Ext.P4 under sub rule 2 of Rule 2 of Chapter V of KER inviting objections against sanctioning of high schools in two Panchayats, one of which was Perumanna Grama Panchayat. Thereafter, by Ext.P7, the DEO rejected certain objections received against up-gradation of the petitioner's school. Since nothing transpired thereafter in respect of the up-gradation of the petitioner's school, the petitioner has filed this writ petition seeking the following reliefs; “(i) Call for the records leading to Exhibit P1, Exhibit P3, Exhibit P4, Exhibit P6 and Exhibit P7 and direct the respondents to complete the upgrading process of the petitioner school pursuant to Exhibit P1, Exhibit P4, Exhibit P6 and Exhibit P7 proceedings as expeditiously as possible in order to enable the petitioner school to start the High School Classes in the present academic year 2006-2007 itself by issuing a writ of mandamus or any other appropriate writ order or direction. (ii) to direct the respondents to permit the petitioner to initiate steps for conducting High School Classes in the academic year 2006-2007 pending finalisation of proceedings initiated as per Exhibit P4 by issuing a writ of mandamus or any other appropriate writ order or direction”. 2. A statement has been filed by the 1st respondent taking the stand that the notification inviting applications for sanctioning/ upgrading schools was cancelled by the Government in view of the declaration of elections and consequently by Ext.R1(a) order, the request of another similarly situated school in Kannur District was rejected. In the said circumstances, the petitioner's claim cannot now be considered is the contention of the respondents. w.p.c.12652/06 - : 3 :- 3. I have considered the rival contentions in detail. 4. We are gong through an era, wherein the Parliament has already passed a legislation by name “Right to Education Act”. As such, the education has become a statutory right for citizens of India. That right can be exercised by students only if there is adequate number of schools for studying. The Government of Kerala has already made education up to XIIth standard free. Making the education free will have any meaning only if there are sufficient facilities for availing of free education. The documents produced by the petitioner would show that the Government themselves admitted the fact that there is educational need for a high school in Perumanna Grama Panchayat in Kozhikode district, where the petitioner's U.P. School is situated. It is not disputed before me that the petitioner's school is the only U.P. School available in the Panchayat and that there is no other high school in that Panchayat. It is also not disputed before me that the nearest high school is 3.5 kilometers away. Therefore, the respondents do not dispute the educational need of the Panchayat. They also do not dispute the eligibility of the petitioner's school for up-gradation. In fact the Government started a procedure for sanction of a new high school/up-gradation of the existing schools as a high schools in the district in accordance with the provisions of the Kerala Education Rules. The only reason for not continuing the proceedings is that the w.p.c.12652/06 - : 4 :- election had been declared in the meanwhile. Simply because election has been declared, there is no necessity to cancel the proceedings initiated for sanction of a new school/up-gradation of existing schools. The declaration of election only means that until the elections are over no orders can be passed in respect thereof. I am of opinion that after the elections are over, the proceedings have to be continued in accordance with law. 5. Of course, the learned Government Pleader now raises a contention that subsequently, applications have been invited for new schools/up-gradation of existing schools. I do not think that that can be held against the petitioner because the petitioner has at the appropriate time filed this writ petition and is seriously prosecuting the writ petition. Simply because of delay of this Court in disposing of the writ petition, the petitioner cannot be denied the petitioner's right or rather the children of the Panchayat cannot be deprived of their right to education, especially, when education need is not disputed by the respondents at all. Of course, this Court cannot now retrospectively direct the respondents to consider the claim of the petitioner for the year 2006-07. But I am of opinion that on the ground of declaration of election, proceedings legally initiated for up-gradation of the school cannot be terminated. They are bound to continue proceedings initiated pursuant to Ext.P1 and take it to its logical conclusion, since w.p.c.12652/06 - : 5 :- the educational need is undisputed. In the above circumstances, I dispose of this writ petition with the following directions: The Government shall take further proceedings pursuant to Ext.P1 to its logical conclusion and see that a high school is sanctioned in the Perumanna Grama Panchayat in Kozhikode district either by sanctioning a new high school or by upgrading an existing school. If the petitioner's school is eligible for up-gradation, the same shall be considered and appropriate steps shall be taken in that regard and concluded, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment, so that if the Government accepts the claim of the petitioner for up- gradation of the school, the petitioner can start high school division in his school during 2012-2013. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge