IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 7407 of 2005(F) ------------------------------------ PETITIONER: ------------------- INDUS CHARITABLE TRUST, REGD.NO.79/IV/04 (MANANTHAVADI),27/446A,NEAR PARAYANCHERI BUS STOP, P.O.KUTHIRAVATTOM,CALICUT-673016,REP.BY ITS CHAIRMAN, SEBASTIAN JOSEPH,S/O.LATE P.J.JOSEPH, AGED 47 YEARS, RESIDING AT "CHITHRANJALI" KOTTAKKUNNU, SULTAN BATTERY, WYNAD DISTRICT. BY ADV. SRI.K.JAJU BABU, ADV. SMT.M.U.VIJAYALAKSHMI. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, WYNAD. 4. THE ASSISTANT EDUCATIONAL OFFICER, WYNAD. GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R1 TO R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7407/2005-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION NO. N.531/23566/01/D21 DTD. 27/03/01 ISSUED BY THE GOVERNMENT. EXT.P.2: COPY OF THE LETTER DTD. 21/05/01 ISSUED BY THE THIRUNELLI GRAMA PANCHAYAT TO THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P.3: COPY OF THE REQUEST DTD. 06/09/04 MADE BY INDUS CHARITABLE TRUST TO THE R.1. EXT.P.4: COPY OF THE NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA DTD. 09/09/04. EXT.P.5: COPY OF THE SURVEY REPORT OF THE R.4. FORWARDED BY THE R.3. ON 06/11/04. EXT.P.6: COPY OF THE G.O. (RT) NO. 234/05/G. EDN. DTD. 17/01/05 DECLINING THE REQUEST OF THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.7407 OF 2005 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to give sanction to the petitioner for opening a new Aided UP School in Ward No.1 of Thirunelli Grama Panchayat in Wayanad District pursuant to Ext.P6 forthwith. In the impugned Exhibit P6 order itself, it can be seen that the Deputy Director of Education, Wayanad has reported that Thirunelli panchayath is situated in a Tribal belt area and the people do require an educational institution. It is also stated that the same will not affect any other institutions. Though the Government was convinced of the need for sanctioning of a new school, the same was declined on the only ground of absence of policy decision. It is submitted that the Government has changed its policy and Wayanad District has been included as a district wherein new schools can be opened. 2. Hence, I quash Exhibit P6 with a direction to consider the matter afresh in the light of the changed policy and also in the light of the findings in Exhibit P6 order regarding the need for W.P.(C) No.7407/05 2 an school. Action as above shall be taken within a period of four months from the date of production of a copy of this judgment. It is made clear that considering the matter as above, Government shall not sanction new schools in Wayanad district. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.7407/05 3 KURIAN JOSEPH, J. W.P.(C) No. 7407 OF 2005 J U D G M E N T 08.08.2008