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Judgment
These writ petitions are filed challenging the Government Order in so far as the request made by the aided school managements for sanctioning of
additional batches of higher secondary courses have been declined. The learned counsel for the petitioners submits that the order declining to grant the
additional batches has been passed without considering the educational head and is in violation of the earlier Government order on the subject. It is
submitted that there is acute shortage of plus one seats and the regional level committee and the state level committee have submitted reports pointing
out the said shortage in the area where the petitioners' school is situated. It is submitted that petitioners have all the infrastructural facilities required
for sanctioning of the additional batches and that the request is rejected without considering any of the reports or the pertinent factual aspects.
The learned Government Pleader submits that it is for the Government to take a policy decision as to the necessity for sanctioning of new batches.
It is stated that the Government is also free to start additional batches in Government Schools to make up short fall, if any.
In any view of the matter, I am of the opinion that it is for the Government to take an appropriate decision, taking note of the provisions of the
Government Order dated 05.02.2016 as well. The reports of the regional level committee and the state level committee, which are forwarded to the
Government, have also to be taken note of by the Government.
In the above view of the matter, I am of the opinion that the rejection of the petitioners' request by Ext.P3 in W.P.(C) No.28512/2020 and Ext.P4 in
W.P.(C) No.26010/2020 without considering the report of the state level committee is vitiated by want of application of mind. Ext.P3 and Ext.P4 are,
therefore, set aside. There will be a direction to the Government to reconsider the request made by the petitioners for starting of additional batches in
the higher secondary schools, taking note of the reports
 forwarded by the state level committee. Appropriate orders shall be passed after considering all relevant aspects of the matter, within a period of
three months from the date of receipt of a copy of this judgment.
These writ petitions are ordered accordingly.