IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 20330 of 2010(M) -------------------------- PETITIONER(S): --------------- THE MANAGER, KRKPMBHS & VHSS, KADAMPANAD, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, SANTHI NAGAR, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM R1 AND R2 BY SPL. GOVERNMENT PLEADER SRI. T.B. HOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTIFICATION NO. ACD. B5/18803/HSE/2010 DATED 7.6.2010 EXT.P2 TRUE COPY OF THE NOTIFICATION NO. ACD.B5/20618/2010/HSE DATED 16.6.2010 EXT.P3 TRUE COPY OF THE ORDER DATED 6.2.2006 OF THE HON'BLE COURT IN WPC 3481/2006 RESPONDENTS' EXHIBITS: EXT. R1(a) TRUE COPY OF A DISTRICT VICE BREAK UP OF NUMBER OF SEATS AVAILABLE FOR VARIOUS COURSES AND THE NUMBER OF STUDENTS ELIGIBLE FOR HIGHER STUDIES. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.P.C. No. 20330 of 2010 -------------------------------------------- Dated this the 13th day of August, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the petitioner and Government Pleader for respondents. Petitioner is challenging Government orders and notification of Director for Higher Secondary Education, calling for applications for grant of higher secondary schools only in the 7 northern Districts, excluding Southern Districts completely. Petitioner's case is that notification and the scheme are discriminatory and the petitioner's school is eligible for grant of higher secondary school. Government Pleader on the other hand submitted that in the Southern Districts, there are surplus seats in the higher secondary schools and as a matter of policy, Government went by education backwardness for selecting 7 northern districts. 2. After hearing both sides and after considering the data with regard to higher secondary school facility available in Kadambanad Panchayath where petitioner's school is located, we notice that in the WPC 20330/2010 2 very same Panchayath there is already a higher secondary school in the unaided sector and two vocational higher secondary school in the aided sector, including that of the petitioner. The policy of the Government is to have at least one higher secondary school in a Panchayath. Besides facility available in the Kadambanad Panchayath in Kunnathur Panchayath there are two higher secondary schools and those schools are only 5 Kms. away from the petitioner's school. In these circumstances, we do not think there is any present need for a higher secondary section in petitioner's High School. Even though Government Pleader submitted that policy of the Government is not to grant higher secondary school along with vocational higher secondary, which is opposed by petitioner's counsel stating that there is no basis for such a policy, we do not think we should decide this issue now because the question raised in the WPC is about the propriety of the Government showing priority to northern Districts for grant of Higher secondary schools. We feel petitioner can apply for higher secondary school as and when Government decides to grant schools in that region. WPC is therefore closed leaving open all issues raised by the WPC 20330/2010 3 petitioner, except the need for Higher Secondary Section in petitioner's School at present. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) kk Judge. WPC 20330/2010 4