Disposed

The Manager, Vocational Higher Secondary School v. the State of Kerala

Kerala HC2 Nov 2012WP(C)/23276/2012

Case brief

AI extract

What is this about?

The High Court directed the Director of Higher Secondary Education to consider the petitioner's application to convert the school's status from unaided to aided, afford a hearing, and pass appropriate orders within three months. The writ petition was disposed of with this direction.

What did the court decide?

Directed the first respondent to consider the petitioner's representation, hear the petitioner, and pass appropriate orders within three months. Writ petition disposed.

The Manager, Vocational Higher Secondary School Vs… — Education and Admissions | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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FRIDAY, THE 2ND DAY OF NOVEMBER 2012/11TH KARTHIKA 1934

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WP(C).No. 23276 of 2012 (H)

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PETITIONER :

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THE MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL, CHATHIYARA P.O., THAMARAKULAM, ALAPPUZHA DISTRICT - 690530

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BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA

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RESPONDENT(S):

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1. THE STATE OF KERALA,

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REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695001

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2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR TIRUVANANTHAPURAM - 695001

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 23276 of 2012 (H)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT. P1 TRUE COPY OF THE G.O (MS) NO. 221/04/G.EDN DATED 23-07-2002 OF THE GOVERNMENT

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EXT. P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 09-07-2012

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EXT. P3 TRUE COPY OF THE LETTER NO ACD B5/4644/09/HSE DATED 17-09-2011 OF THE 2ND RESPONDENT

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EXT. P4 TRUE COPY OF THE G.O (M.S) NO 182/2012/G. EDN. DATED 08-06-2012 OF THE GOVERNMENT.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

P.R. RAMACHANDRA MENON J.

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Dated, this the 2^nd day of November, 2012

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JUDGMENT

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The petitioner has approached this Court with the

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following prayers :

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i. issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to issue orders converting Plus-two unaided batches as aided batches.

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ii. issue a writ of mandamus or other appropriate writ, order or direction commanding the 1^st Respondent to effectively consider and pass appropriate orders upon Exhibit P2 after affording an opportunity of being heard to the petitioner within a time limit in the light of Ext. P4 order.

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iii. Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

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The learned counsel for the petitioner submits that

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the area where the petitioner's school is situated, is a very remote area, mostly inhabited by the people belonging to

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W.P.(C) No. 23276 of 2012 : 2 :

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SC/ST and such other backward community. The students completing the SSLC find it very difficult for higher studies for want of sufficient infrastructure. It is in the said circumstances that the petitioner filed Ext. P2 representation before the Government to convert the status of the higher secondary school from unaided to aided, more so, in view of the fact that the students belonging to the poor strata of the society find it very difficult to satisfy the fees payable for pursuing their studies in the unaided sector. It is also stated that the representation preferred by the petitioner has already been forwarded and is pending consideration before the first respondent as file No. T 61983/12/G.Edn.

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The learned Government Pleader appearing for the respondents submits that the petitioner does not have any vested right to seek for such status and the need of the area has to be certified by the District Level Committee. There is no case of the petitioner that the District Level committee has recommended the case of the petitioner. The learned

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W.P.(C) No. 23276 of 2012 : 3 :

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Government Pleader further submits that the sanction given to the petitioner's school in the unaided sector was on the specific undertaking given that the petitioner shall not make any request in future for change of status from unaided to aided and that the Government has much financial constraints in this regard. The learned Government Pleader further submits that the legal position in this regard has been made clear by the Apex Court recently, which does not support the petitioner.

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It is not necessary to go into the facts and figures by this Court, as it is for the first respondent to consider the matter at first instance with application of mind. Accordingly, the first respondent is directed to consider Ext. P2 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment.

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W.P.(C) No. 23276 of 2012

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: 4 :

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The petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent

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for further steps.

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The Writ Petition is disposed of.

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sd/-

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P. R. RAMACHANDRA MENON, (JUDGE)

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kmd

The Manager, Vocational Higher Secondary School v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager, Vocational Higher Secondary School v. the State of Kerala

Case brief

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What did the court decide?

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