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1990 Supreme(Ker) 320

THOMAS
Re – Appellant
Versus
Fr. Joachin – Respondent


Judgment :-

It seems that 91 schools sought to be opened as recognized schools have been jinxed from the beginning. Though the schools were meant to be opened during the cadmic year 1986-87, they still remain in incubation stage in spite of lapse of four years. The Government which initiated the process for according recognition to those schools later resiled from it, but due to court intervention the Government could not close the Matter once and for all. However, Government, in order to circumvent an earlier judgment of this Court by which the Government was asked to proceed with the resolve to open 91 schools, have amended the law by arming itself with the power of review. In exercise of that power, Government reviewed the earlier decision and cancelled it. This batch of Original Petitions is in challenge of the said decision of the Government.

2. It was on 4-2-1987 that the Government accorded sanction to open or upgrade 91 unaided schools in different localities in Kerala State. This was done under R.2A(5) (in Chapter V) of the Kerala Education Rules (for short 'K.E.R.'), after obtaining applications from individuals and/or agencies for opening new schools. When a new governmen































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