IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 OP.No. 15790 of 2002(D) ----------------------- PETITIONER: ------------ N.KAMALA BAI AMMA, W/O. VASUDEVAN NAIR, AGED 76 YEARS, MANAGER, VICTORY GIRLS HIGH SCHOOL, NEMOM, RESIDING AT "KAMALALAYAM", EDACODE, NEMOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (GENERAL EDUCATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR,HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY G.P. SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.26790/2002 IN OP NO.15790/2002 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 3.1.2008 SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF RECOMMENDATION ISSUED BY THE DISTRICT LEVEL COMMITTEE IN RESPECT OF VICTORY GIRLS HIGH SCHOOL, NEMOM, TO THE PETITIONER. P2: COPY OF APPEAL PETITION SUBMITTED BY PETITIONER TO THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. P3: COPY OF GOVT. ORDER ISSUED BY THE GOVT. OF KERALA-GENERAL EDUCATION(T) DEPARTMENT, TRIVANDRUM. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... O.P. No.15790 of 2002 .................................................................... Dated this the 3rd day of January, 2008. JUDGMENT C.N.Ramachandran Nair, J. The petitioner is challenging rejection of their application for starting Higher Secondary School under the aided category. We do not think there is any need to consider the petitioner's eligibility at the time of application because there has been change in the policy of the Government and norms for approval. Above all, availability of students and other schools in the area have also to be considered. In the circumstances, O.P. is closed leaving freedom to the petitioner to make fresh application to start Higher Secondary School based on current norms and policies of the Government. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms