M.JAGANNADHA RAO, J. (1) LEAVE granted. (3) THE learned Judges of the High Court while allowing the petitions have just followed the earlier judgment of the High Court in O.P. No 12250/99, dated 15-9-99. (4) AGAINST judgment in O.P. Nos. 12250 and 13063/99 the State of Kerala has filed SLP (C) No. 18390-18391/99 and we have disposed of the said SLPs by a separate order passed today. We have dismissed the said SLPs on the special facts of those cases and particularly because the High Court had called for the records, examined the files and recorded certain findings on the said facts. (5) SO far as the subject-matter of the present Appeals are concerned, we find that the High Court has not examined the files relating to each of the cases nor the reasons given by the Govt. in the GOs while rejecting request of the schools for permission to start the 10+2 courses. We are, therefore, of the view that the judgment of the High Court dated 22-9-99 should be set aside and the matter should be remitted to the High Court for going into the facts relating to each of these cases. (6) WE may also here refer to the counter- affidavit dated 11-2-2000 filed by the State of Kerala in the other SLP No. 18390- 18391/99 arising out of O.P. Nos. 12250 and 13063/99 disposed of today. During the course of hearing of that SLP, we had pointed out to the Ld. Senior Counsel for the petitioner- State that the said affidavit has conceded that the State-Government had not published any policy but the Subcommittee of the Cabinet lays down the overall guidelines and general criteria for the process of delinking and sanctioning of Higher Secondary Schools. We had brought to the notice of the Ld. Senior Counsel for the State of Kerala that there was no prior policy. The so-called guidelines as stated in the counter-affidavit dated 11-2-2000 are delightfully vague on various aspects. It would be necessary for the State to formulate clear-cut guidelines and the manner in which any school could be selected for 10+2 course so that arbitrariness in the selection could be eliminated. It would also help the parties in knowing what exactly are the required guidelines for seeking permission for 10+2 courses.
It would be necessary for the State to formulate clear-cut guidelines and the manner in which any school could be selected for 10+2 course so that arbitrariness in the selection could be eliminated. It would also help the parties in knowing what exactly are the required guidelines for seeking permission for 10+2 courses. (7) AS these matters are going back to the High Court it will be open to the State of Kerala to place any fresh facts or fresh policy decision before the High Court. (8) THE High Court will also consider whether final directions can be given in regard to schools which are the subject-matter of these Appeals or whether it would be necessary to direct the Govt. to re-examine the matter on the basis of any fresh policy, that may be placed before the Court. (9) WE are not to be understood as having said anything on the merits of the writ petitions which are being remitted to the High Court. (10) WE request the High Court to take up these matters early and dispose them of preferably before the Court closes for summer vacation. (11) THESE Appeals are allowed and the matters are remitted back to the High Court as stated above. (12) THE appeals are allowed. No costs.