High CourtsSingle Bench(2011) 03 KL CK 0284

N. Ali, P. Balan Nair, Manager, N.K. Viswanathan Nair and A.V. Abdulla, Manager vs State of Kerala, The Director of Public Instructions, The District Educational Officer and Naduvannur South, A.M.U.P. School

High Court Of Kerala · Decided on 11 March 2011

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) No. 6942 of 2011 (P)

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Judgment

5 paragraphs · 273 words

T.R. Ramachandran Nair, J.—The Petitioners are respectively the President of a Parent Teachers Association and Managers of three schools. Their case is that the 4th Respondent is trying to get recognition to his school without any legal justification. It is pointed out that the Government has also not issued any notification inviting application from any interested persons or from management of any running school for the purpose of starting any High School or up gradation of the existing school as contemplated under Rule 2 or 2A of Chapter V. KER.

2.

It is further pointed out that the 4th Respondent appears to have approached the National Commission for Minority Educational Institutions seeking up gradation of the present aided UP school. The National Commission for Minority Educational Institutions appears to have passed Exhibit P2 order whereby his application was recommended to the State Government for up gradation. It is pointed out that the procedures under the Kerala Education Act and Rules cannot be bypassed by obtaining such direction.

3.

The apprehension of the Petitioners is that the Government may be granting up gradation without following any procedures under the Kerala Education Act and Rules.

4.

Learned Government Pleader submitted that what is evident from Ext.P2 issued by the National Minority Commission is only a recommendation and the Government will consider it only if a proper notification is issued under the relevant Rules inviting application and it is not a case where the Government is straight away granting up gradation based on Exhibit P2 order passed by the National Minority Commission.

5.

The above submission is recorded and this writ petition is accordingly disposed of.