IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WA.No. 277 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24682/2008 Dated 19/09/2008 .................... APPELLANT/PETITIONER: -------------- PALATHINGAL MUSLIM EDUCATIONAL SOCIETY, REPRESENTED BY ITS GENERAL SECRETARY KUNHIPOKKER KUTTY, PALATHINGAL ,P.O.ULLANAM PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.HARISH R. MENON SRI.K.T.SHYAM KUMAR RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 5. DISTRICT EDUCATIONAL OFFICER, TIRUR 6. ASST. EDUCATIONAL OFFICER, PARAPPANANGADI. GOVERNMENT PLEADER, SMT.R.BINDU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ---------------------------------------- W.A.No.277 OF 2009 ---------------------------------------- Dated this the 16th day of February, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant is running an aided Lower Primary School. It approached this Court, seeking a direction to the Government to upgrade its school as an Upper Primary School, then as a High School and thereafter grant it a Higher Secondary wing also. There is requisite educational need in the area, where the appellant's Lower Primary School is functioning justifying such upgradation. That is manifest from the various materials produced by them, including the resolution of the local Grama Panchayat. But, we notice that for granting an Upper Primary School or a High School, the provisions contained in Chapter V of K.E.R. are to be followed. No educational agency has a right to approach the Government directly, requesting that they should be granted a school or their existing school should be upgraded. They have to apply as provided under 2A of Chapter V of the W.A.No.277/2009 2 Kerala Education Rules. Therefore, the prayer of the petitioner, not being supported by any statutory provision, cannot be granted. The principle that where there is a right, there is a remedy applies to this Court also. Therefore, this Court, under Article 226 of the Constitution of India, cannot grant the relief sought by the petitioner. So, the writ petition was rightly dismissed by the learned Single Judge. In the result, the writ appeal fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps