Kerala High Court
The Manager vs The State Of Kerala on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.28512 OF 2020(L)
PETITIONER:
THE MANAGER,
MOONNIYOOR HSS, PARAKADAVU,
MOONNIYOOR MALAPPURAM 676 311
BY ADVS.
SRI.T.T.MUHAMOOD
SRI.A.RENJIT
SRI.V.E.ABDUL GAFOOR
SRI.A.MOHAMMED SAVAD
SRI.C.Y.VINOD KUMAR
SHRI.T.R.VISHNU
RESPONDENTS:
1 THE STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
DIRECTORATE OF HIGHER SECONDARY EDUCATION,
THIRUVANANTHAPURAM 695 001
3 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
MALAPPURAM 676 505
OTHER PRESENT:
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, ALONG WITH WP(C).26010/2020(A), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.28512 & 26010 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.26010 OF 2020(A)
PETITIONER:
THE MANAGER,
THARAKAN.H.S.S.,ANGADIPURAM,
MALAPPURAM-679321.
BY ADVS.
SRI.T.T.MUHAMOOD
SRI.A.RENJIT
SRI.V.E.ABDUL GAFOOR
SRI.A.MOHAMMED SAVAD
SHRI.T.R.VISHNU
NAZEER HUZAIN H
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,GOVERNMENT
SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR GENERAL OF EDUCATION,
(HIGHER SECONDARY WING),DIRECTORATE OF GENERAL
EDUCATION,HOUSING BOARD BUILDING,
SANTHI NAGAR,THIRUVANANTHAPURAM-695001.
3 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,REGIONAL
OFFICE,MALAPPURAM-679324.
OTHER PRESENT:
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2021, ALONG WITH WP(C).28512/2020(L),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.28512 & 26010 OF 2020
3
JUDGMENT
These writ petitions are filed challenging the
Government Order in so far as the request made by the
aided school managements for sanctioning of additional
batches of higher secondary courses have been declined.
The learned counsel for the petitioners submits that the
order declining to grant the additional batches has been
passed without considering the educational head and is in
violation of the earlier Government order on the subject. It is
submitted that there is acute shortage of plus one seats and
the regional level committee and the state level committee
have submitted reports pointing out the said shortage in the
area where the petitioners' school is situated. It is submitted
that petitioners have all the infrastructural facilities required
for sanctioning of the additional batches and that the
request is rejected without considering any of the reports or
the pertinent factual aspects.
2. The learned Government Pleader submits that it is
for the Government to take a policy decision as to the
WP(C).Nos.28512 & 26010 OF 2020
necessity for sanctioning of new batches. It is stated that the
Government is also free to start additional batches in
Government Schools to make up short fall, if any.
3. In any view of the matter, I am of the opinion that
it is for the Government to take an appropriate decision,
taking note of the provisions of the Government Order dated
05.02.2016 as well. The reports of the regional level
committee and the state level committee, which are
forwarded to the Government, have also to be taken note of
by the Government.
4. In the above view of the matter, I am of the
opinion that the rejection of the petitioners' request by
Ext.P3 in W.P.(C) No.28512/2020 and Ext.P4 in W.P.(C)
No.26010/2020 without considering the report of the state
level committee is vitiated by want of application of mind.
Ext.P3 and Ext.P4 are, therefore, set aside. There will be a
direction to the Government to reconsider the request made
by the petitioners for starting of additional batches in the
higher secondary schools, taking note of the reports
WP(C).Nos.28512 & 26010 OF 2020
forwarded by the state level committee. Appropriate orders
shall be passed after considering all relevant aspects of the
matter, within a period of three months from the date of
receipt of a copy of this judgment.
These writ petitions are ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/13.01.2021
WP(C).Nos.28512 & 26010 OF 2020
APPENDIX OF WP(C) 28512/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED
20.5.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 9.7.2019 IN
WP(C) NO.18095/2019 PASSED BY THE
HON'BLE HIGH COURT OF KERALA.
EXHIBIT P3 TRUE COPY OF GO (RT) NO.2200/202/G.EDN
DATED 27.6.2020
EXHIBIT P4 TRUE COY OF GO (MS) NO.75/2016/G.EDN
DATED 5.2.2016
EXHIBIT P5 TRUE COPY OF PAPER REPORT PUBLISHED IN
MALAYALA MANORAMA DAILY DATED 9.7.2020
SHOWING THE ACUTE SHORTAGE OF +1 SEAT
IN MALAPPURAM DISTRICT
EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF THE
REPORT OF THE STATE LEVEL COMMITTEE
WITH RESPECT TO THE ACADEMIC YEAR 2020-
WP(C).Nos.28512 & 26010 OF 2020
APPENDIX OF WP(C) 26010/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED
07.04.2020 SUBMITTED BEFORE THE
PETITIONER BEFORE THE 1ST RESPONDENT .
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED
18.06.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 30.06.2020
IN W.P(C)N.13004/2020
EXHIBIT P4 TRUE COPY OF G.O(RT)NO.3064/2020/G.EDN
DATED 12.11.2020.
EXHIBIT P5 TRUE COPY OF GO(MS)NO.75/2016/G.EDN
DATED 05.04.2016
EXHIBIT P6 TRUE COPY OF PAPER REPORT PUBLISHED IN
MALAYALA MANORAMA DAILY DATED
09.07.2020 SHOWING THE ACUTE SHORTAGE
OF +1 SEATS IN MALAPPURAM DISTRICT
(WITHOUT TYPED COPY)
EXHIBIT P7 TRUE COPY OF
LR.NO.ACD.C3/70085/2020/HSE DATED
25.08.2020.
