IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11759 of 2008(Y) -------------------------- PETITIONER: ------------ P. SUBHASH CHANDRAN, MANAGER, S.N.V.H.S. PANAYARA, MUTTAPPALAM P.O., VARKKALA, RESIDING AT SREENIVAS, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SRI.B.SUGATHAN RESPONDENTS: ------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, EDUCATION DEPARTMENT, GOVT.SECRETARIAT THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.11759 OF 2008 ---------------------------------------- Dated this the 7th day of April, 2008 JUDGMENT The petitioner seeks upgradation of his School as Higher Secondary or Vocational Higher Secondary School for which he has filed Exts.P4 and P5 applications. The petitioner seeks a direction to the 1st respondent to consider the same in accordance with Ext.P3 Government Order on the subject. 2. I have heard the learned Government Pleader also. The learned Government Pleader submits that the Supreme Court has in the decision of State of Kerala V. Prasad [2007(3) KLT 531(SC)] held that without a notification issued by the Director of Public Instruction calling for applications, no application can be considered. I am of opinion that, that is a matter which the Government itself has to decide while disposing of Exts.P4 and P5 applications submitted by the petitioner. Accordingly, I direct the 1st respondent to consider and pass appropriate orders on Exts.P4 and P5 applications, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy W.P.(c)No.11759/08 2 of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall forward a certified copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.11759/08 3