IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 24861 of 2010(G) -------------------------- PETITIONER(S): ---------------------- ISLAMIC VOCATIONAL HIGHER SECONDARY SCHOOL, ORUMANAYUR, TRISSUR REP. BY ITS MANAGER. BY ADVS. SRI.V.K.BEERAN , SENIOR COUNSEL SRI.V.P.REGHURAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE MANAGER, ST.JOSEPH HIGH SCHOOL, P.O. MATHILAKAM, TRISSUR DISTRICT. 680685 3. THE MANAGER, A.K.M. HIGH SCHOOL, POYYA, MALA P.O., TRISSUR DISTRICT. 680732 4. THE MANAGER, ST.ANTONY'S HIGH SCHOOL, MOORKANADU P.O., TRISSUR DISTRICT.680711 R1 BY ADDL. ADVOCATE GENERAL SRI.K.A.JALEEL R2 BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA R3 BY ADV. SRI.P.V.JAYACHANDRAN R4 BY ADVS SRI.N.P.SAMUEL SRI.B.K.PURUSHOTHAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011, ALONG WITH WPC NO. 20392 OF 2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24861 of 2010(G) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS --------------------------------- EXT.P1. COPY OF THE G.O. (MS) NO.111/2002/G.EDN. DT. 18.5.2002. EXT.P2. COPY OF THE JUDGMENT DT. 10.8.2004 IN WPC NO.19133/2004 OF THIS HON'BLE COURT EXT.P3. COPY OF THE GO (MS) 128/10/G.EDN. DATED 20.72010 RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.24861 OF 2010 & 20392 OF 2011 --------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T In both these writ petitions, the petitioner is the same. In W.P.(C) No.24861/2010, the 3rd prayer is for a direction to the respondents to sanction Plus 2 course to the petitioner for the academic year 2010-2011. The petitioner relies upon Ext.P2 judgment of this Court wherein the petitioner was a party. Therein, this Court after referring to various aspects held in paragraph 11 as follows: “11. We are however inclined to hold that those aided schools which have been recommended by the District Level Committee constituted on the basis of the direction of a Division Bench of this court would have preference if the Government proposes to grant higher secondary schools in the aided sector in future....”. 2. Ext.P3 order is passed by the Government sanctioning Higher Secondary Course for the academic year 2010-2011. The grievance raised by the petitioner is that even though 26 schools W.P.(C) Nos.24861/10 & 20392/11 2 in Thrissur District have been sanctioned Higher Secondary Courses for the academic year 2010-2011, the petitioner's school does not find a place in Ext.P3 which amounts to ignoring the directions contained in Ext.P2 judgment. In W.P.(C) No.20392/ 2011 also, challenge is against Ext.P3 order passed by the Government sanctioning additional plus two batches to various schools. 3. Heard parties. Learned Additional Advocate General appearing for the State submitted that all the aspects will be considered in terms of the relevant policies and an appropriate decision will be taken in accordance with law. Therefore, there will be a direction to the Government to take a decision with regard to the claim of the petitioner, after considering various aspects including Ext.P2 judgment and in accordance with law, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that this Court has not expressed anything on the merits of the matter. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp