Manager, P. M. S. A. v. H. S. School VS State of Kerala
2013-03-27
A.M.SHAFFIQUE
body2013
DigiLaw.ai
JUDGMENT : 1. The petitioner challenges Ext.P8, an order issued by the Government rejecting the request for starting a Higher Secondary School. According to the petitioner, it is the policy of the Government to start Higher Secondary schools in all Panchayaths. The petitioner’s school is situated in a Panchayath where there is no Higher Secondary School which is evident from Ext.P11 issued by the Deputy Director of Education, Malappuram. 2. In fact, on the basis of a policy as reflected in Ext.P1 wherein the Government wanted to start Higher Secondary Schools in every Panchayath, verification was done and a list was prepared by the Government which included the petitioner school also. Ext.P4 is the said list. But, later, the petitioner and another school was not given the status of Higher Secondary School. The petitioner therefore challenged the same before this Court by filing W.P.C.No.24119 of 2010. In the said writ petition, the Government contended that since the petitioner school was having a Vocational Higher Secondary status, the High Secondary School status cannot be sanctioned. 3. The said contention was negatived by this Court as evident from the judgment at Ext.P7. This Court had come to a conclusion that in the case of localities where other High Schools are not there the Vocational Schools will have to be preferred. It was therefore found that there was no total exclusion of giving Higher Secondary courses to schools having Vocational Higher Secondary divisions. In the said premise, this Court directed the Government to reconsider the matter. Ext.P8 is issued after reconsidering the matter. But in Ext.P8 also the Government proceeded on the basis that since the petitioner’s school is having Vocational Higher Secondary course, it cannot be granted Higher Secondary course. 4. The main argument of the learned counsel for the petitioner is that Ext.P8 order is passed without reference to Ext.P7 judgment. The learned counsel also relied upon Exts.P17 and P18 orders passed by the Government wherein the other school mentioned in Ext.P8 who were not granted Higher Secondary School course was given higher secondary status in terms with the said orders. 5. Counter affidavit is filed by the Government inter alia contending that it is the policy of the Government to start Higher Secondary Schools in every Panchayath in a phased manner and that process is going on.
5. Counter affidavit is filed by the Government inter alia contending that it is the policy of the Government to start Higher Secondary Schools in every Panchayath in a phased manner and that process is going on. It is also contended that on enquiry, it was found that there are four Higher Secondary Schools within 8 Kms radius from the petitioner’s school. 6. It cannot be disputed by the Government that there is no Higher Secondary School in this particular Panchayath. That apart, in respect of another schools which also having Vocational Higher Secondary status, subsequent to Ext.P8 the Government had issued Exts.P17 and P18 granting Higher Secondary status. The said consideration should apply to the petitioner’s school also. That apart, it is evident that the Government did not consider Ext.P7 judgment while considering the request of the petitioner. In Ext.P7 judgment it was clearly stated that the Vocational Higher Secondary Schools are not specifically excluded from being given the Higher Secondary status. It is not in dispute that Vocational Higher Secondary School is given only for certain specified subjects and it cannot be a substitute for a Higher Secondary School. 7. In that view of the matter, I am of the view that this is a matter which requires to be reconsidered by the Government especially in the light of Ext.P7 judgment and also the subsequent orders passed by the Government in Exts.P17 and P18. In the above circumstances, the writ petition is disposed of as follows: (i). Ext.P8 is set aside. (ii) The Government shall reconsider the request of the petitioner in the light of Ext.P7 judgment and taking into consideration the need of the Panchayath and also in the light of the concessions extended as per Exts.P17 and P18 orders of the Government.