The main legal point established in the judgment is that the Government has the authority to change its policy from time to time, and the courts should exercise caution in interfering with executive decisions and functions, unless they are shown to be illegal or ultra vires.

Balakrishnan Nair, J.

Since the issues to be resolved in these writ petitions are connected, they are being heard and disposed of by this common judgment.

W.P.(c) No.11167/2006:

2. This writ petition is treated as the main case. The brief facts of this case are the following: The petitioner is the Secretary of Cannanore District Muslim Educational Association, Karimbam (hereinafter referred to as the Association), which is a Society registered under the Societies Registration Act (Central Act 21/1860). The Association has established Sir Syed College in 1967. The college grew into a full-fledged college in due course. It was also running several batches of Pre-degree courses with different optional subjects in the said College. While so, the Government, some time back took a policy decision to abolish the Pre-degree Courses conducted in the colleges and to attach Higher Secondary courses to the existing High Schools. The Government also decided to sanction Higher Secondary courses to the existing High Schools run by the Managers of colleges, who have lost the Pre-degree courses. In some cases, the college managements were not having any High Schools. Therefore, it was resolved to grant High Schools to such managements and thereafter to sanction Higher Secondary courses to such High Schools. The policy decision of the Government in this regard was upheld by the Division Bench of this Court, by Ext.P1 judgment dated 29.8.2002 in W.A.No.2716/2000. When the said policy was implemented, the Government allegedly practised discrimination. The affected managements approached this Court. Ext.P2 is the judgment

in one such case. This Court ordered to grant Higher Secondary courses to the petitioner therein. Challenge against such grants was the subject-matter of W.P.(C) No.18004/03. The said writ petition was dismissed by this Court by Ext.P3 judgment.

3. The petitioner had been applying for Higher Secondary courses eversince 1996. Those applications were not being considered by the Government, taking shelter behind the policy that Higher Secondary courses will be sanctioned only to managements having existing High Schools. But, later, the Government decided to grant High Schools as well as Higher Secondary Schools. The petitioners application for sanctioning a High School was finally allowed by Ext.P5 Government order dated 27.2004. Pursuant to the said order, the classes commenced during the academic year 2004-05 itself and the School became a complete High School during the academic year 2006

1.07.

4. When other managements were granted High Schools and Higher Secondary Schools simultaneously or immediately one after the other, the petitioner was not sanctioned Higher Secondary School after the sanction of the High School as per Ext.P5 order. Therefore, the Association represented to redress the said grievance. Ext.P6 dated 23.2005 is one of the representations filed by the petitioner in this regard before the Government. The petitioner also filed Ext.P7 representation dated 6.3.2005 before the Director of Higher Secondary Education. In those representations, it was pointed out that as evident from Ext.P5, the Government have decided to grant High Secondary courses, also, to the petitioner and prayed for implementing that decision.

.5. The petitioner submits, the Council of Ministers at its meeting held on 10.2003, decided to sanction a High School and a Higher Secondary School to the petitioner in Ward No.15 of Taliparamba Municipality. But, the said decision was not implemented, as this Court passed an interim order in a writ petition filed by Fr. Mathew Villanthanam that new Higher Secondary Schools shall not be granted without further orders from this Court. The petitioner submits, based on the repeated representations of the Association, the State Cabinet on 110.2005 decided to grant three batches of Higher Secondary courses to the petitioner in the aided sector, after getting the permission of this Court. So, the Gove