P.Subash Chandran vs State Of Kerala
2021 Latest Caselaw 21930 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                          RP NO. 678 OF 2021
 AGAINST THE ORDER/JUDGMENT IN WP(C) 11860/2017 OF HIGH COURT OF
                           KERALA, ERNAKULAM
REVIEW PETITIONER:

          P.SUBASH CHANDRAN, AGED   51 YEARS, S/O. THE LATE
          PUNDARIKASHAN, MANAGER,   SREE CHITHIRA VILASOM BOYS HIGH
          SCHOOL, CHIRAYINKEEZHU,   THIRUVANANTHAPURAM, RESIDING AT
          SREE NIVAS, VENJARAMOOD   P.O, THIRUVANANTHAPURAM - 695
          607.

          BY ADVS.
          K.SIJU
          S.ABHILASH
          S.REKHA KUMARI


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     THE DIRECTOR OF HIGHER SECONDARY EDUCATION
          HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM - 695 001.

    3     STATE LEVEL COMMITTEE TO DETERMINE THE EDUCATIONAL NEED
          IN EACH DISTRICTS
          INTERSTATE IN THE FIELD OF HIGHER SECONDARY EDUCATION
          CONSTITUTED AS PER G.O (MS) 75/2016/G.EDN DATED
          5.4.2016, REPRESENTED BY ITS CHAIRMAN, THE DIRECTOR
          HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING,
          SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.


     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 678 OF 2021
                                    2


                              ORDER

The review petition is filed at the instance of the writ

petitioner. The petitioner is the manager of an aided school. The

petitioner's request for sanctioning higher secondary section has

been turned down by the Government. This Court, by the

judgment under review dismissed the challenge stating that the

Court cannot compel the Government to sanction higher

secondary section as the manager has no fundamental right to

insist the Government to sanction an aided higher secondary

school. The petitioner's case is that educational need in

Chirayinkeezhu area has been found as per Ext.P21 report

produced in the writ petition and, therefore, the petitioner is

entitled to have sanction of an aided higher secondary school.

The learned Senior Counsel submitted that this Court without

appreciating Ext.P21 dismissed the petition and, argued in

extenso.

This aspect had been adverted by this Court while RP NO. 678 OF 2021

disposing the matter itself and found that it involves policy

decision of the Government and, even if such an educational

need exists, sanction would depend upon the financial obligation

of the Government. I find no reason to review the judgment. It

is only to be dismissed, accordingly, dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

PR