IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36894 of 2009 (S) ------------------------------------------- PETITIONER: -------------------- DR.B.R.AMBEDKAR MEMORIAL WELFARE TRUST KERALA ARUN NIVAS, MANJALLOOR, PATHANAPURAM PO KOLLAM DISTRICT, REPRESENTED BY ITS R.NANU, CHAIRMAN AND MANAGING TRUSTEE. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF EDUCATION THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 4. THE STATE EDUCATIONAL ADVISORY BOARD THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN. 5. THE SECRETARY TO SC/ST WELFARE DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.36894 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of December 2009 JUDGMENT A.K.BASHEER, J. Petitioner/Trust which professedly stands for the welfare of Scheduled Castes and Scheduled Tribes in the State of Kerala, has filed this writ petition in public interest praying for the following reliefs: i) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the Government to take necessary measures for finding out areas where there is educational need. ii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the respondents to invite applications from the persons or organizations belonging to the SC/ST communities alone for running the educational institutions in the areas where there is educational need. iii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the 1st respondent to provide sufficient land, fund and infrastructural facilities to those organizations constituted by the members of the SC/ST community for the establishment of educational institutions. iv) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction compelling and commanding the Government to evolve a policy for the upliftment of the SC/ST communities in the field of educational institutions by providing land and other infrastructural facilities to the competent persons or organizations for running schools. v) to declare that the associations and organizations run exclusively by the members of the SC and ST communities are entitled to get special rights to start educational institutions and the Government is liable to provide them all kind facilities for that purpose out of Government Exchequer. 2. A perusal of the prayers extracted above will show that all of them are quite omnibus in nature. We have also perused Ext.P1 Trust Deed produced by the petitioner, which essentially envisages “giving financial assistance to the poor and needy people, to ailing persons having no means or little means to get their treatment.” W.P.(C)No.36894 OF 2009 :: 2 :: 3. It is true that the petitioner has furnished some data with regard to the educational institutions available in various districts in the State. But still we are not satisfied that the above prayers can be granted and that too without any specific prayer for establishment of an educational institution in a particular area which according to the petitioner is not provided with adequate educational facilities. We also take note of the earlier round of litigation at the instance of the petitioner. The Division Bench had ultimately rejected the prayer made by the petitioner/Trust. Learned counsel contends that the issue involved in that writ petition was different. It may be true that the prayer in that writ petition was for establishment of an aided primary school in Pathanapuram Taluk of Kollam district whereas the prayer in this writ petition is, as we have mentioned earlier, too general and non-specific. More importantly the Kerala Education Act and Rules will take care of the educational need of any area in the State. The authorities under the Act and Rules are vested with the power to initiate necessary action for establishment of educational institutions in areas where such need arises. In that view of the matter, we do not find any reason or ground to entertain this writ petition. Accordingly, it is dismissed. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes