The Manager vs The State Of Kerala
2023 Latest Caselaw 6304 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                     WP(C) NO. 35763 OF 2010
PETITIONER:

    1    THE MANAGER
         ST.MARY'S COLLEGE HIGHER SECONDARY SCHOOL, SULTHAN
         BATHERY, WAYANAD DISTRICT.
    2    JISHA KURIAKOSE
         HIGH SCHOOL ASSISTANT (MALAYALAM) -DO-
    3    SHAILA CHERIAN
         HIGH SCHOOL ASSISTANT (NATURAL SCIENCE) -DO-
    4    SWAPNA JACOB
         HIGH SCHOOL ASSISTANT (MALAYALAM)
    5    SHEEBA P.ISAAC
         HIGH SCHOOL ASSISTANT (MATHS), -DO-
         BY ADVS.SRI.V.A.MUHAMMED
         SRI.K.E.HAMZA
RESPONDENTS:
    1     THE STATE OF KERALA
          SECRETARY TO GOVERNMENT,, GENERAL EDUCATION
          DEPARTMENT,, GOVERNMENT SECRETARIAT, TRIVANDRUM -
          695 001.
    2     THE DIRECTOR OF PUBLIC INSTRUCTION
          JAGATHY, TRIVANDRUM - 695 014.
    3     THE DEPUTY DIRECTOR OF EDUCATION
          KALPETTA - 673 121, WAYANAD DISTRICT.
    4     THE DISTRICT EDUCATIONAL OFFICER
          KALPETTA - 673 121, WAYANAD DISTRICT.
    5     THE ASSISTANT EDUCATIONAL OFFICER
          SULTHAN BATHERY, WAYANAD DISTRICT. 673 592.
    6     THE HEADMASTER
          GOVERNMENT U P SCHOOL, KUPPADI,, SULTHAN BATHERY
          673 592, WAYANAD DISTRICT.
          BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
          GP - SUNILKUMAR KURIAKOSE
    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 12.06.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.35763 of 2010        :2:




                           VIJU ABRAHAM, J.
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                       W.P.(C). No.35763 of 2010
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                   Dated this the 12th day of June, 2023

                             JUDGMENT

The above writ petition is filed challenging Ext.P3 order to

the extent it upgraded the Government U P School, Kuppadi as a

High School, on a specific ground that the said upgradation would

adversely affect the very existence of the High School Section of

the Petitioner's aided school.

2. The learned Government Pleader on the basis of the

judgment in Punnose v. Nair Service Society [1984 KLT 736]

submits that primarily it is for the Government to decide whether a

new school is to be opened. It is also brought to my notice that in

similar cases, where interim orders to issue prohibitory orders

against the Government Orders upgrading Government schools

were declined, two appeals have been preferred as W.A. Nos. 701

& 717 of 2011 and this Court declined to interfere in the matter.

3.In view of the declaration of law as stated above, I am of the

firm opinion that it is the prerogative of the Government to decide

to start or upgrade a school and the petitioner cannot claim any

relief against the upgradation of a Government U P School as High

School.

In view of the same, the above writ petition is dismissed.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 35763/2010

Petitioner's EXHIBITS EXHIBIT-P1 The true copy of the G.O.(P) NO.190/2000/G.Edn. Of the Government along with relevant page of the list EXHIBIT-P2- The true copy of the admission analysis of the school EXHIBIT-P3- The true copy of the G.O.(Ms) No.238/2010/G.Edn. Of the Government along with list of school EXHIBIT-P4- The true copy of the decision reported in 2008(4)ILR 790 EXHIBIT-P5- The true copy of the decision reported in 2010(1) KLT 530 EXHIBIT-P6- The true copy of the sketch of the Panchayat

Respondent's exhibits ANNEXURE A Statement received from the DEO Kalpetta