High Court of Kerala
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
State of Kerala represented by The Secretary To Government & Another
Versus
Muslim Education Society represented by its Senior Vice President, A. Mohammed
WA. No. 1163, 1164 & 1188 of 2014, In WP(C). 20767 of 2014
Decided on: 01-09-2014
Antony Dominic, J.
1. W.A.Nos.1163/14 and 1164/14 are filed by the State of Kerala and others, aggrieved by the interim order dated 18.08.2014 in W.P.(C).No.20767/14 and W.P.(C) No.20513/14. W.A.No.1188/14 is filed by the Corporate Manager, Thalassery Diocese and another, who are aggrieved by the interim order dated 18.08.2014 in W.P.(C)No.19649/14.
2. The order dated 18.08.2014 which is impugned in these writ appeals is a common order passed in a batch of writ petitions. When writ appeal Nos.1163/14 and 1164/14 initially came up for consideration before this Court, since any order passed in these appeals would affect the petitioners in the other writ petitions in which also interim orders are passed, this Court directed the appellants to serve notice of these writ appeals on the counsel for the petitioners in all other writ petitions. Thereupon, copy of the appeal memorandum were served on the counsel appearing in all other writ petitions in this batch and all the remaining writ petitions were also listed before this Court. Accordingly, when the appeals were heard on 27.08.2014 and 28.08.2014, apart from the counsel for the parties in these appeals, the counsel appearing for the remaining writ petitioners were also allowed to raise their arguments.
3. The writ petitions were filed mainly challenging the order passed by the 1st appellant on 31.07.2014, sanctioning new higher secondary schools and additional higher secondary batches in Government and aided sector in the State for the academic year 2014-15. Before we consider the merits of the rival contentions, we shall briefly narrate the facts which led to the filing of these cases.
4. On 11.06.2013, G.O.(Ms)No.185/2013.G.Edn. was issued ordering that the Director of Higher Secondary Education will issue notification inviting applications for sanctioning higher secondary schools in 148 grama panchayats, altogether sanctioning 296 batches, by granting two batches in one school, giving preference to Science and Commerce and to sanction the remaining 382 batches in northern districts starting from Ernakulam, taking into account the deficiency of availability of plus one seats and for such other reasons by upgrading the existing Government/Aided high schools, sanctioning two batches each and sanctioning one additional batch each in the existing Government/Aided higher secondary schools. The eligibility criteria, norms for submitting applications, priority among the schools, the infrastructural requirements etc. were also indicated in this notification. In compliance with the Government Order, the Director of Higher Secondary Education issued notification dated 17.06.2013, inviting applications from schools.
5. These proceedings initiated by the Government were challenged before this Court in W.P.(C) No.16080/13 and connected cases. By judgment rendered on 21.08.2013, the writ petitions were allowed by this Court. Questioning the legality of these judgments, W.A.No.1341/13 and connected cases were filed and by judgment rendered on 11.04.2014, the judgment of the learned single Judge was reversed. In this judgment, a Division Bench of this Court clarified that while proceeding in pursuance of the Government Order dated 11.06.2013, the Government shall also give sufficient opportunity to other schools in other districts also to start plus two courses if there is requirement, taking into consideration the need of the locality.
6. In the meanwhile, on 25.06.2013, the Government issued G.O.(Ms)No.194/2013/G.Edn. dated 25.06.2013, appointing a six member committee, with the Director of Higher Secondary Education as its Chairman. The mandate of the committee was that "the committee will scrutinise each application received and the Director of Higher Secondary Education will forward the recommendations of the Committee to Government". The Committee scrutinised the applications received applying the norms indicated in the Government Order dated 11.06.2013 and submitted its report
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.