Shaffioue, J.

1. The respondents in the writ petition are the appellants. The writ petition is filed by the first respondent herein seeking to quash Ext.P14 Government order dated 11/06/2013 issued by the Higher Secondary Education Department, by which the Government announced its decision to accord sanction for two batches of Higher Secondary Courses (for short 'H.S Course') in 148 Grama Panchayats where there is no Higher Secondary School (for short 'HSS') and 382 batches in eight northern Districts from Ernakulam to Kasargode. Pursuant to Ext.P14 the Higher Secondary Department issued Ext.P14(a) dated 17/06/2013 inviting applications for sanctioning such batches of H.S courses. The main contention of the petitioner was that the impugned orders restrict the right of other schools to apply for upgradation of the existing high school as HSS or opening of a new HSS. That apart the benefit of order is confined to the existing High Schools of Grama Panchayats and confined to the northern Districts alone which according to the petitioner is illegal, arbitrary and discriminatory.

2. Petitioner also seeks for a declaration that they are entitled to get the Plus Two courses during the current academic year and seeks for a direction to the respondents to receive their application and accord sanction upgrading the school as HSS. It is contended that by virtue of Exts. P4, P5 and P12 the petitioner was assured of getting preference if the Government proposes to grant HSS in aided sector in future. As against the said assurance, the said facility is confined to applicants in Grama Panchayats and certain northern Districts. Ext.P4(b) is an order dated 18/05/2012 issued by the Government clarifying that the recommendation of District Level Committee will be given due consideration when new schools are sanctioned. This order is issued pursuant to directions issued by this Court in Writ Appeal No.18/2001. During the pendency of the said Writ Appeal, as per directions issued by this Court a committee was formed to examine the applications submitted by various schools in Trivandrum District. The committee found that the area for which the petitioner had made application is a socially and educationally backward area and thus recommended the grant of Plus Two courses to the petitioner's School. Ext.P4(a) is the said report. Ext.P5 is the judgment of this court in W.P.(C)No.17629/2004 wherein this Court directed that those schools which have been recommended by the District Level Committee constituted on the basis of the direction issued by the Division Bench of this Court should have preference if the Government proposes to grant HSS in aided sector in future.

3. Petitioner has a case that violating the aforesaid directions substantial changes has been made in the policy of the Government and finally the Government has issued Ext.P14 thereby depriving the petitioner School of a legitimate right to start H.S course.

4. The first appellant herein has filed counter affidavit in the writ petition supporting their stand taken in issuing Ext. P14 and P14 (a). It is inter alia contended that the Government declared the policy that the HSS would be sanctioned in 148 Grama Panchayats where there are no existing HSS either in Government or aided sector. It was also indicated that new HSS would be opened/sanctioned in 8 northern Districts starting from Thrissur to Kasargode taking into account the educational needs of the locality. Further additional batches will also be sanctioned in the said 8 Districts in accordance with the requirement and educational need. It is contended that no person has any fundamental right or statutory right to seek sanction of Plus Two courses in their schools. It is further contended that there are 148 Grama Panchayats in the State which does not have HSS either in the Government or aided sector. It was decided to sanction two higher secondary batches in each Panchayats where there is no HSS which will take care of