IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 13955 of 2009(L) -------------------------- PETITIONER(S): --------------- JOS I.AMBOOKEN,MANAGER, A.K.M.H.S.POYYA,MALA,THRISSUR. BY ADV. SRI.P.V.JAYACHANDRAN SRI.M.S.SAJEEV KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY SCHOOLS VRIDAVAN,THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, ADV.SRI.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13955/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of May, 2009 J U D G M E N T The petitioner has filed this writ petition seeking for a direction to sanction a Higher Secondary Course to the petitioners school, namely, A.K.M.High School, Poyya. Ext.P2 is the application submitted by the petitioner. 2. The issue is covered against the petitioner in the judgment of the Apex Court in State of Kerala v.Prasad [2007(3) KLT 531 (SC). It was held 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 2A. Infact, a Division Bench of this Court in a batch of cases had held that unless the Government formulates a policy to invite applications either in the aided sector or in the other sectors and issues notification, an individual management cannot have a right to get sanction on application otherwise submitted. In that view of the matter, a direction as sought for in the writ petition cannot be granted. But this will not stand in the way of the petitioner submitting an application W.P.(C). No.13955/2009 -:2:- when the Government or competent authority invite applications for sanction of H.S.Schools in accordance with the procedure prescribed. The writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) ms