The main legal point established in the judgment is the limited interference by the court in matters of granting privileges by the Government and the role of educational agencies as agents of the Government with certain rights and privileges conferred by the Education Act and the Rules.

1. This appeal is against the judgment of a learned Single Judge of this Court in OP. No 8900 of 1983-J quashing the proceedings of the Government and the Education Department for the upgradation of an Upper Primary School under the educational agency of the fourth respondent in the Original Petition into a High School. The learned judge found that the preliminary list in regard to the opening of new schools/ upgradation of schools drawn up by the Director of Public Instruction was without adverting to all the relevant matters in sub-rule (1) of R.2 of Chapter V of the KER., the enquiry under sub-rule (3) was only about the impact of including the area of the Upper Primary School for upgradation on the neighbouring schools and not with respect to the educational needs of the locality and that there was no material before the Director as to the educational need when he finalised the list of places for sanctioning new schools or upgradation of existing schools. According to the learned judge, the Government also had, at the stage of approval under sub-rule (4), no material to support the crucial matters required to be considered under the rules. The learned judge, however, found that the order under sub-rule (5) on a second look into the matter passed by the Government was unassailable. Nevertheless at the earlier stage when the matter had been gone into, there was dearth of material. The grant in favour of the 4th respondent cannot, according to the learned judge, be sustained in law.

2. The responsibility of providing educational facilities in the State is of the Government admits of no doubt. The Preamble to the Kerala Education Act, 1958 states that the Act is passed for the better organisation and development of educational institutions in the State providing a valid and comprehensive educational service throughout the State. As per S.3 of the Act it is the responsibility of the Government to regulate the primary and other stages of education and courses of instruction in Government and private schools, and it is also its responsibility to take such steps from time to time as are considered necessary or expedient for the purpose of providing facilities for genera! education, special education and for training of teachers. It is also the responsibility of the Government under S.9 of the Act to pay the salary of the teachers and non-teaching staff of all aided schools in the State. The Government is also required to pay to the Managers of aided schools a maintenance grant at the prescribed rates and also grants-in -aid for the purchase, improvement and repairs of any land, building or equipment of aided schools in the State. The procedure for determination of the areas where new schools are to be opened or existing schools are to be upgraded is contained in R.2 of Chapter V of the KER. As per sub-rule(1) the Director is required, from time to time, to prepare a list of localities where new schools are to be opened and existing schools are to be upgraded. In preparing the list the Director has to take into consideration the matters enumerated as (a) to (e) in sub-rule (1). These include the existing schools in and around the locality, the strength of the several standards and the accommodation available in each of the existing schools, the distance from each of the existing schools to the area where new schools are to be opened or existing schools are to be upgraded, the educational needs of the locality with reference to the habitation and backwardness of the area, and also any other matter which the Director considers relevant in the matter of choice of the locality for sanctioning new schools or the upgradation of existing schools. Under sub-rule (2) the Director is required to publish the preliminary list prepared by him under sub-rule (I) in the Gazette, inviting objections or representations to be filed before the Assistant Educational Officer or the District Educational Officer as the case may be. Sub-rule (3