BALAKRISHNA MENON, JOHN MATHEW
PUNNOSE – Appellant
Versus
NAIR SERVICE SOCIETY – Respondent
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
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