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. 14990 of 2002(H) ----------------------- PETITIONER: ------------ 1. ST.ANTONY'S HIGH SCHOOL, MOORKANAD, MUKUNDAPURAM TALUK,THRISSUR DISTRICT,REPRESENTED BY THE MANAGER. 2. THE CORPORATE MANAGER,CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IRINJALAKUDA BISHOP'S HOUSE, IRINJALAKUDA,THRISSUR DISTRICT. BY ADV. SRI.N.P.SAMUEL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT.,GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION,THIRUVANANTHAPURAM. 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 IN IA NO.12278/2005 IN O.P. NO.14990/2002 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 3.1.2008 SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONERS' EXHIBITS: P1: PHOTOCOPY OF APPLICATION TO START HIGHER SECONDARY SCHOOL SUBMITTED BY PETITIONERS TO R2 ON 19.9.98. P2: PHOTCOPY OF ORDER PASSED BY R1 DT.NIL IN FAVOUR OF 1ST PETITIONER. P3: PHOTOCOPY OF OBJECTION FILED BY 1ST PETITIONER DT.20.3.2002 BEFORE R1. P4: PHOTOCOPY OF NOTICE DT.18.3.2002 ISSUED BY R1. P5: PHOTOCOPY OF ORDER DT.18.5.2002 ISSUED BY R1. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... O.P. No.14990 of 2002 .................................................................... Dated this the 3rd day of January, 2008. JUDGMENT C.N.Ramachandran Nair, J. Prayer in the O.P. is for direction to the respondents to permit the petitioner to start higher secondary school under the aided category. The O.P. is pending for the last five years. According to the petitioner, petitioner's eligibility is declared by this court in connected cases and therefore, Government was bound to grant approval to the petitioner. Government Pleader submitted that Writ Appeal is filed against those judgments and the policies of the Government have been changed. In the circumstances, petitioner has to make fresh application before the respondents to consider eligibility and approval based on current policy and norms. The petitioner is free to rely on findings in the other judgments and Government will consider the same based on the judgment of the Division Bench in the appeal filed. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms