IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).NO. 37547 OF 2010(P) ---------------------------------------- PETITIONER(S): ----------------------- THE MANAGER, A. JAYANTHAKUMAR, S.V.S.M.H.S.S., PRAYAR P.O. ALAPPUZHA – 690 547. BY ADV. SRI.P.B.SAHASRANAMAN, SRI.K.JAGADEESH, SRI.T.S.HARIKUMAR. RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM – 695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA – 688 001. 4. THE ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM – 690 502. R1 TO R4 BY GOVT. PLEADER SMT.NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, ALONG WITH WP(C) NO. 37548 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.37547/2010-P & 37548/2010-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of February, 2011 J U D G M E N T Both these writ petitions are filed by the same petitioner who is a Manager of a Higher Secondary School. 2. The prayer in W.P.(C).No.37547/2010 is for a direction to the respondents to grant recognition to the L.P School run and maintained by the petitioner, as per Ext.P1 application and; the prayer in W.P.(C). No.37548/2010 is for a direction to the respondents to grant additional batches for Plus-I course to the petitioner's school as requested for in Ext.P1 application. 3. In W.P.(C).No.37547/2010, the relevant facts show that the petitioner submitted the application as per Ext.P1 for recognition of a L.P School along with all necessary documents and, Ext.P1(2) is the Proforma. When the application was submitted, he was given a reply as per Ext.P2 to the effect that the application was forwarded to the General Education (F) Department for further necessary action. The petitioner has W.P.(C). No.37547/2010 & 37547/2010 -:2:- approached this Court in the light of the fact that the Government has granted recognition to several schools in the Northern districts. 4. In W.P.(C).No.37548/2010, Ext.P1 is the copy of the representation and Ext.P2 is the similar reply given to the petitioner. 5. In the statement filed by the learned Government Pleader it is submitted that the Government has decided to accord permission to start Higher Secondary Courses in the Districts of Thrissur, Palakkad, Malappuram, Kozhikode, Wayanad, Kannur and Kasargode. It is the submission of the learned counsel for the petitioner that in view of the policy decision taken by the Government with regard to the Northern districts, there cannot be any objection for considering the petitioner's application also. The learned Government Pleader explained that unless there is a policy decision on the part of the Government, the statutory authority will not be able to issue a notification and only when such a notification is issued, the application can be considered. The legal W.P.(C). No.37547/2010 & 37547/2010 -:3:- position in this regard is well settled by various decisions of this Court and by the Apex Court. For enabling the recognition of schools, the proper procedure is to invite applications under Rule 2A of Chapter V of K.E.R. In that view of the matter, it can be seen that the permission now granted is pursuant to the policy decision taken by the Government in respect of the Districts from Kasargode to Palakkad. Therefore, when such a policy decision is taken in respect of other districts including Alappuzha District where the petitioner's schools are situated, the petitioner will have to furnish fresh applications in terms of the notification if any issued. Pending applications along with fresh applications will be considered by the competent authority if appropriate notification is issued in this matter. With the above observation, the writ petitions are disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE