M.Pramod vs The State Of Kerala on 17 March, 2009

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Kerala High Court

M.Pramod vs The State Of Kerala on 17 March, 2009

Bench: P.N.Ravindran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29994 of 2008(U)


1. M.PRAMOD, CHAIRMAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. DEPUTY DIRECTOR OF EDUCATION,

4. THE DISTRICT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :17/03/2009

 O R D E R
                          P.N.RAVINDRAN, J.
                 -----------------------------
                    W.P(C) No. 29994 of 2008-U
                 ------------------------------
               Dated this the 17th day of March, 2009.

                           J U D G M E N T

Heard Sri.K.Ramakumar, the learned Senior Advocate appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for the respondents.

2. The petitioner who is a Chairman of the E.K.C.M Educational Trust, has filed this writ petition challenging Ext.P7 order passed by the Secretary to Government, General Education Department rejecting his application to establish a new school at Purameri Panchayat in Kozhikode District. The petitioner has also sought a writ in the nature of mandamus commanding the Government of Kerala to sanction a high school to the petitioner in Purameri Panchayat.

3. The learned counsel for the petitioner contends that since the local authority where the petitioner proposes to establish a new school has brought to the attention of the Director of Public Instruction and the Government the educational need of the locality, the Government erred in rejecting the petitioner's request.

4. The Apex Court has in State of Kerala V. Prasad (2007 (3) KLT 531) held that an application for opening a new school or to upgrade an existing aided school can be submitted only after the Director of Public Instruction publishes a final list of areas where new schools are to be opened or existing schools are to be upgraded. The Apex Court has also held that applications received otherwise cannot be considered. It is not in dispute that the Director of Public Instruction has not published the list of areas where new schools are to be started or existing schools are to be upgraded after following the procedure prescribed in Rules 2 and 2A of Chapter V of the KER. In these circumstances the challenge to Ext.P7 cannot be entertained and the relief prayed for by the petitioner cannot be granted. The writ petition accordingly fails and is dismissed without prejudice to the right of the petitioner to apply for opening a new school as and when the Director of Public Instruction publishes a final list of areas where new schools are to be opened and if the locality where the petitioner proposes to establish a new school is included therein.

Sd/-


                                   P.N.RAVINDRAN
ab                                       JUDGE
                      //True Copy//
                                         PA to Judge

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