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. 16868 of 2002(G) ----------------------- PETITIONER: ------------ THE MANAGER, VELAYUDHA PANICKER MEMORIAL HIGH SCHOOL, VELLARADA, TRIVANDRUM - 695 505. BY ADV. SRI.N.NANDAKUMARA MENON SRI.K.VINODKUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM 3. THE DISTRICT LEVEL COMMITTEE CONSTITUTED BY THE STATE GOVERNMENT FOR THE RE-EXAMINATION OF THE GRANT OF PLUS TWO SCHOOLS IN THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. THE JANARDHANAPURAM HIGH SCHOOL, OTTASEKHARAMANGALAM P.O., TRIVANDRUM DISTRICT, REPRESENTED BY ITS MANAGER. 5. THE GOVERNMENT HIGH SCHOOL, NEYYAR DAM, TRIVANDRUM, REPRESENTED BY ITS HEADMASTER. 6. ST. THOMAS HIGH SCHOOL, AMBOORI, AMBOORI P.O., TRIVANDRUM DISTRIACT, REPRESENTED BY ITS MANAGER. BY G.P. SMT.SMITHA SUKUMARAN FOR R1,2&3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.28768/2002 IN OP NO.16868/2002 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 3.1.2008 SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE PHOTOCOPY OF ORDER DT.27.7.2001 IN CMP NO.2696/2001 IN WA NO.1159/2001 IN THE HIGH COURT OF KERALA AT ERNAKULAM. P2: TRUE COPY OF NOTICE DT.10.10.2001 SUBMITTED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION TRIVANDRUM TO THE MANAGER, V.P.M.H.S.VELLARADA, TRIVANDRUM. P3: TRUE COPY OF STATEMENT DT.23.10.2001 SUBMITTED BY PETITIONER BEFORE THE HON'BLE DISTRICT LEVEL COMMITTEE, TVM. P4: TRUE COPY OF FINDINGS OF THE DISTRICT LEVEL COMMITTEE, THE DISTRICT LEVEL COMMITTEE REJECTED THE CLAIM OF THE PETITIONER FOR GRANT OF PLUS TWO COURSE. P5: TRUE PHOTOCOPY OF OBJECTION DT.18.3.2002 SUBMITTED BY PETITIONER BEFORE THE PRINCIPAL SECRETARY, GENERAL EDUCATION, GOVT. SECRETARIAT, KERALA STATE. P6: PHOTOCOPY OF GOVT. ORDER DT.18.5.2002 ISSUED BY THE GOVT.ORDER TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... O.P. No.16868 of 2002 .................................................................... Dated this the 3rd day of January, 2008. JUDGMENT C.N.Ramachandran Nair, J. The petitioner is challenging rejection of their application for starting Higher Secondary School under the aided category. We do not think there is any need to consider the petitioner's eligibility at the time of application because there has been change in the policy of the Government and norms for approval. Above all, availability of students and other schools in the area are also to be considered. In the circumstances, O.P. is closed leaving freedom to the petitioner to make fresh application to start Higher Secondary School based on current norms and policies of the Government. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms