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. 22150 of 2002(J) ----------------------- PETITIONER: ------------ THE MANAGER, K.P.M.H.S.S., CHERIYAVELINALLOOR (AIDED), CHERIYAVELINALLOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, KOLLAM. 3. THE DISTRICT COLLECTOR, KOLLAM, (REPRESENTING THE HIGHER SECONDARY EVALUATION COMMITTEE FOR KOLLAM DISTRICT). 4. THE MANAGER, A.K.M.V.H.S.S. THADICADU, THADICADU P.O., ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.P.GOPINATH R1 TO R3 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.37950/2002 IN OP NO.22150/2002 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 3.1.2008 SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF NOTIFICATION DT.21.6.2002 ISSUED BY R2. P2: TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER BEFORE R2 DT.29.6.2002. P3: TRUE COPY OF RECEIPT DT.15.7.2002 AND SIGNED BY ADM AND DDE, KOLLAM. P4: TRUE COPY OF G.O. DT.23.7.2002. P5: TRUE COPY OF GO DT.18.5.2002 ISSUED BY R1. P6: TRUE COPY OF GO DT.20.9.2001. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... O.P. No.22150 of 2002 .................................................................... Dated this the 3rd day of January, 2008. JUDGMENT C.N.Ramachandran Nair, J. The O.P. was filed for direction to the Government to permit the petitioner to start higher secondary course in the existing school as an unaided school. No interim order was passed in the course of pendency of O.P. for nearly five years. There is no point in deciding the issue now based on the provisions that existed at the time of filing the O.P. It is for the petitioner to make fresh application based on current policy of the Government. The O.P. is closed with the above observation. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms