IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 21266 of 2011(G) -------------------------- PETITIONER(S): --------------- C.SHOUKATHALI, S/O.ABDU HAJI, AGED 42 YEARS, CHERATHODIKA HOUSE, CHENGODE, KALIKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, TRIVANDRUM, PIN - 695 001. 2. THE STATE PROJECT OFFICER, RASHTRIYA MADHYAMIC SIKSHA ABHIYAN, STATE PROJECT OFFICE, 7TH FLOOR, TRANS TOWERS, VAZHUTHACAUD, TRIVANDRUM, PIN - 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, PIN - 676 505. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21266 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE GUP SCHOOL, KALIKAVU BAZAAR ON 10/10/2007 TO THE DIRECTOR OF PUBLIC INSTRUCTIONS. EXT.P2 TRUE COPY OF THE COVERING LETTER FORWARDING EXT.P1 APPLN. TO THE FIRST RESPODNENT BY 3RD RESPONDENT DT.31/01/2008 EXT.P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT DT.15/12/2008 EXT.P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO ALL THE DEPUTY DIRECTORS OF EDUCATION IN THE STATE DT.10/05/2011 RESPONDENTS' EXTS: ANNEXURE A(1) TRUE COPY OF THE LIST OF SCHOOLS WHICH IS FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21266/2011-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of September, 2011 J U D G M E N T The petitioner is the President of a Parent- Teachers Association of Government Upper Primary School, Kalikavu Bazar in Malappuram District. The prayer is to include the said school in the list of the schools to be upgraded in the academic year 2011-12 as High School under the Central Scheme, namely, the Rashtriya Madhyamik Siksha Abhiyan (R.M.S.A) Scheme. 2. Various contentions have been raised in the writ petition with regard to the merits of the school in question. 3. Along with a statement filed by the second respondent, a list of schools which have been forwarded by the third respondent to the second respondent for upgradation is produced as Annexure-A(1). Therein, the school in question has been included. It is averred in para.4 that the Project Approval Board for the year 2010-11 rejected the proposal for upgradation of the school of the petitioner as there is a recognised W.P.(C). No.21266/2011 -:2:- school within 2 kms distance from the school of the petitioner. It is further averred that out of the 210 list of schools forwarded to the second respondent, only 36 schools have been sanctioned by the Project Approval Board for the reason that the distance criteria is satisfied by these 36 schools only. 4. Evidently, therefore, the school herein does not satisfy the distance criteria which is the prime consideration for upgradation. Therefore, the non inclusion cannot be said to be improper for any reason. 5. The learned counsel for the petitioner further prayed for a direction to consider the school for the next academic year. But in the light of the position already reflected, the said direction cannot be granted by this Court at this stage. If there is any change of criteria in the coming years, the rejection of the application will not stand in the way of considering the application in accordance with the Scheme. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms