Secretary,Muslim ... vs State Of Kerala & Ors

4. Subsequently, the respondents decided that those colleges which were running classes up to High School may be allowed to add classes up to the 12th standard in place of pre-degree courses. Those colleges which did not have any classes till the High school level were to be allowed to run High Schools and were also to be allowed Higher Secondary courses. Notice inviting applications from the management of schools, both government as well as private, and from colleges were issued for the first time for the academic year 1997-1998 vide notification dated 2.04.97.

7. Writ Petition(C) No. 11167 OF 2006 was filed by the appellant challenging the non-sanctioning of the Higher secondary courses to its school. The other connected Writ Petitions which were disposed of by the impugned judgment were filed by the management or the teachers of the neighbouring schools, challenging the grant of a High school to the Appellant.

8. The Appellant had been applying for Higher Secondary courses ever since 1996. However, its applications were not considered by the respondents in light of the policy that the Government was allowing only those applicants who already had existing High Schools. Since many of the managements did not have 3 High Schools to start higher secondary courses, the Government issued a preliminary notification on 25.06.1998 for starting High Schools at a certain number of designated places as per Chapter V Rule(2) Sub-rule(2)of the Kerela Education Rules, 1959. The ward to which the Appellant belonged i.e. ward No. 15 of Taliparamba Municipality was also included in the earlier notification dated 13.06.2000 but it was excluded subsequently as the Government received some objections. An O.P. No. 29989/99 was filed by the Government wherein the High Court directed that the case of the Appellant be considered. Pursuant to this direction, the Appellants were given an assurance that they will be given the High School as and when the financial position of the Government improves.

12. Subsequently, in partial implementation of the order of 08.10.03, it started a High School from 9.8.2004 pursuant to the said order and the classes commenced during the academic year 2004-05 and the School became a complete High School during the academic year 2006-07.

18. It also held that the Government did not owe a corresponding duty to the appellant to sanction the school as per the previous order and that "...the Government cannot be tied down to a policy 8 permanently. It should be conceded freedom to change it from time to time".

(Judicial Review of Administrative Act 4th Ed. P. 540). We share this view. The judicial control over the fast expanding maze of bodies affecting the rights of the people should not be put into water-tight compartment. It should remain flexible to meet the requirements of variable circumstances. Mandamus is a very wide remedy which must be easily available `to reach injustice wherever it is found'. Technicalities should not come in the way of granting that relief under Article 226. We, therefore, reject the contention urged for the appellants on the maintainability of the writ petition." (See page 1613 para 21).

54. For the reasons aforesaid this court cannot uphold the judgment passed by High Court in W.P. No.11167 of 2006. The judgment is set aside and this court directs the respondent state to sanction Higher Secondary course in the appellant's institution from the next academic session with this rider that the appellant must follow the extant statutory procedures for the appointment of teachers in the Higher Secondary section.

55. The appeal is allowed. Parties are left to bear their own costs.