IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 21657 of 2010(F) -------------------------- PETITIONER: --------------- R.PADMAGIRISH, MANAGER, APPMVHSS AVANEESWARAM VILAKKUDI PANCHAYATH KOLLAM DISTRICT PIN-691508 BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, SANTHI NAGAR, HOUSING BOARD BUILDING THIRUVANANTHAPURAM. BY SR. G.P. SRI.T.B.HOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTIFICATION ISSUED BY R2 DT.7.6.2010INVITING APPLICATIONS FOR PERMISSION TO START HIGHER SECONDARY COURSES IN THE GOVT./AIDED HIGH SCHOOLS IN THRISSUR AND OTHER NORTHERN DISTRICTS. P2: TRUE COPY OF NOTIFICATION ISSUED BY R2 DT.16.6.2010 INVITING APPLICATIONS FOR SANCTIONING ADDITIONAL BATCHES OF HIGHER SECONDARY COURSES IN THE GOVT./AIDED HIGH SCHOOLS IN THRISSUR AND OTHER NORTHERN DISTRICTS. P3: TRUE COPY OF INTERIM ORDER IN W.P.(C) 3481/2006DT.6.2.2006. P4: TRUE COPY OF APPLICATION DT.22.7.2010 FOR SANCTIONING HIGHER SECONDARY COURSES IN APPMVHSS AVANEESWARAM SUBMITTED BY THIS PETITIONER. P5: TRUE COPY OF LETTER DT.22.7.2010 OF THE SECRETARY OF THE PANCHAYAT ALONG WITH COPY OF RESOLUTION OF THE PANCHAYAT DT.19.7.2010 OF VILAKKUDY GRAMA PANCHAYAT. RESPONDENT'S EXHIBITS: R1(a): TRUE COPY OF DISTRICT WISE BREAK UP OF NUMBER OF SEATS AVAILABLE FOR VARIOUS COURSES AND THE NUMBER OF STUDENTS ELIGIBLE FOR HIGHER STUDIES. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.21657 of 2010 .................................................................... Dated this the 10th day of August, 2010. JUDGMENT Ramachandran Nair, J. Even though petitioner is challenging policy decision issued by the Government to consider grant of Higher Secondary School only in the seven northern Districts of Kerala i.e. by excluding all the southern Districts, we do not think there is any need to consider petitioner's challenge because petitioner's School is already a Vocational Higher Secondary School. Further, the total number of students studying in the 10th Standard is only 63. So much so, we do not find any case for the petitioner to claim a Higher Secondary School besides the Vocational Higher Secondary School already it has. Further, besides petitioner's school, there is only one other High School in the very same Panchayat. In the circumstances, we do not find any ground to entertain petitioner's challenge against the Notifications issued by the Government. However, we leave it open to the petitioner to make 2 application for Higher Secondary School, if Government considers grant of the same in the very same area later. W.P.(C) is disposed of as above. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms