IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 29048 of 2011(E) ----------------------------------- PETITIONER(S): --------------------- HIDAYATHUSSIBYAN SANGAM PAPPINIPPARA A REGISTERED SOCIETY, PAPPINIPPARA PO 676 122, VIA MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT, K.MOHAMMED. BY ADVS. SRI.N.M.MADHU SMT.C.DEVIKA RANI KAIMAL SMT.C.S.RAJANI RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM 695 001. BY SR. GOVT. PLEADER SRI. M.A. FAYAZ TO R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 29048 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DETAILS OF SURVEY REPORT. EXT.P2 TRUE COPY OF THE REPRESENTATION DT.30.05.2001. EXT.P3 TRUE COPY OF THE FORWARDING LETTER DT.23.7.2001. EXT.P4 TRUE COPY OF THE REPRESENTATION DT.13.2.2004. EXT.P5 TRUE COPY OF THE RECOMMENDATION LETTER DT.17.7.2004 ADDRESSED TO THE THEN MINISTER OF EDUCATION. EXT.P6 TRUE COPY OF THE LETTER DT.27.09.2011. EXT.P7 TRUE COPY OF THE RECOMMENDATION LETTER DT.28.09.2011. EXT.P8 TRUE COPY OF THE REQUEST DT.28.9.2011. EXT.P9 TRUE COPY OF THE DECLARATION DT.5.6.2004. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS T.R. RAMACHANDRAN NAIR, J. * * * * * * * * * * * * * * * * * * W.P.(C). NO. 29048/2011-E * * * * * * * * * * * * * * * * * Dated this the 2nd day of November, 2011 J U D G M E N T The petitioner is a registered society represented by its President, which is seeking for a direction to the Government to consider the request for grant of up- gradation of the existing Aided Upper Primary School as a High School. 2. It is the case of petitioner that the school is situated in a very backward area. The only available educational Institutions of the said area are, one a Lower Primary School which came into existence about 90 years ago and the other one an Upper Primary School which is about 32 years old. Various details have been provided in the writ petition to show that different applications were being submitted from time to time. Ext. P2 is one of the representations filed on W.P.(C). NO. 29048/2011 -2- 30/05/2001. Exts. P4 and P5 are also produced to show that persistent attempts have been made in the matter. Ext. P6 is a resolution taken by the 'Anakkayam Grama Panchayath' recommending the up-gradation of the said upper primary school. 3. Evidently the up-gradation can only be in terms of Rule 2 of Chapter V of Kerala Education Rules. The learned Additional Advocate General submitted that the issue is covered by the decision of the Apex Court in State of Kerala Vs. Prasad [2007(3)KLT 531 (SC)]. Therein, the Supreme Court was of the view that sub rule (2) of Rule 2A puts a complete embargo on consideration of an application which is submitted otherwise than in response to notification under sub rule (1) of Rule 2 A. Evidently there is no notification as on today inviting application for up- gradation of the school in the said locality or in any other locality in the District. Therefore, leaving open the remedy W.P.(C). NO. 29048/2011 -3- of the petitioner to file an application as and when notification is filed, the writ petition is disposed of. No costs. (T. R. Ramachandran Nair, Judge.) ds