W.P.(C) Nos. 9618/2014 & 9758/2014: Managers of St. Joseph Upper Primary School, Koonammavu, and St. Josephs Convent High School, Tripunithura v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **MONDAY, THE 26[TH] DAY OF JUNE 2023 / 5TH ASHADHA, 1945** ## **WP(C) NO. 9758 OF 2014** ## **PETITIONER:** THE MANAGER, ST. JOSEPH UPPER PRIMARY SCHOOL KOONAMMAVU - 683 518. BY ADV SRI.T.M.ABDUL LATHEEF ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM, PIN-695 001. 3 THE DISTRICT EDUCATIONAL OFFICER ERNAKULAM 682 020. ADV.SMT.MARY BEENA JOSEPH-SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2023, ALONG WITH WP(C).9618/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P. (C) Nos.9618 & 9758 of 2014 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 26[TH] DAY OF JUNE 2023 / 5TH ASHADHA, 1945** **WP(C) NO. 9618 OF 2014** ## **PETITIONER:** THE MANAGER, ST.JOSEPHS CONVENT HIGH SCHOOL, TRIPUNITHURA. BY ADV SRI.T.M.ABDUL LATHEEF ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001. 3 THE DISTRICT EDUCATIONAL OFFICER ERNAKULAM. ADV.SMT.MARY BEENA JOSEPH-SENIOR GOVERNMENT PLEADER **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2023, ALONG WITH WP(C).9758/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P. (C) Nos.9618 & 9758 of 2014 3 ## **JUDGMENT** These writ petitions are filed by the petitioners seeking for a direction to the respondents to convert petitioner's Recognised High School as an Aided High School and also for considering Ext.P4 in W.P.(C) No.9618/2014 and Ext.P8 application in W.P.(C) No.9758/2014 for converting the petitioner's school as an Aided High School and to pass orders sanctioning the same. 2. The petitioners were granted recognition for conducting High School with Standards IX and X in the year 1967-1968 in W.P.(C) No.9618/2014 and in the year 1963 in W.P.(C) No.9758/2014. Previous to the granting of recognition to the High School, Upper Primary School and Lower Primary School were already sanctioned under Aided sector and on sanctioning of High School, the parents who are basically comprised of poor sector in the society were able to give better education to their children. W.P. (C) Nos.9618 & 9758 of 2014 4 3. Plus two (+2) was also granted to the petitioners school with three main subjects and the total number of students in plus two is 250. Both the schools are securing 100% result and as the High School and plus two are sanctioned only as recognized schools and not in the Aided Sector, petitioners are facing great difficulty in conducting the schools. Huge fees have to be levied from the students. 4. In all these years the Government has taken a stand that the application will be considered only when the Government takes a policy decision. The petitioners submits that the same is applicable only in the case of opening of new schools which comes under both the Aided and Recognized category. Though representations were filed before the Government no positive steps were taken for considering the same. Hence, the petitioners had no other alternatives than to approach this Court with the above writ petitions. 5. The 3[rd] respondent in W.P.(C) No.9758/2014 had filed counter affidavit contending that the schools are not allowed to function from the date from which the permission was given for opening or upgrading the school unless the W.P. (C) Nos.9618 & 9758 of 2014 5 applicant executes an undertaking in the prescribed for that he shall not move Government at any time for the conversion of the school into aided school. In such an event, the permission granted for opening of the school shall automatically lapse. It is further contended that the petitioner without considering the above undertaking given, has approached the Government. The Government had rejected the application submitted by the petitioner on the ground that such conversion is not permissible. Further it is contended that the educational needs of the locality does not require the opening of a new aided school. An Aided School named St.Philominas HSS Koonammavu has been functioning within 50 meters of petitioners school. Government HSS Kongorpilly and St.George HS Puthenpally are in 2 Kms. surroundings of this School. 6. Heard the learned counsel for the petitioner as well as the learned Government Pleader. 7. The learned counsel for the petitioner submits that Standard VIII is converted as a Middle School and Standard VIII has to be considered along with Standard VI and VII and aided category has to be given to Standard VIII as well as the W.P. (C) Nos.9618 & 9758 of 2014 6 petitioner's school has been functioning for the last more than 60 years and the students are given good education and they are also performing 100% result for the 10[th] and 12[th] examinations. 8. The learned counsel for the petitioner relies on the judgment of the Full Bench in **Manager, Aysha L.P.School v. State of Kerala [2019 (3) KHC 871]** and submits that the petitioner's school will also come under the aided category. 9. The learned counsel for the petitioners however limits his prayer for a direction to consider and pass orders on representations dated 11.06.2023 and 22.06.2023 filed before the 1[st] respondent in a time bound manner. 10. Considering the facts and circumstances of the cases, I am of the opinion that interest of justice will be best met if the writ petitions are disposed of by giving a direction to the 1[st] respondent to consider and pass orders on Exts.P4 W.P. (C) No.9618/2014 in and P8 W.P.(C) No.9758/2014 in a time bound manner. In the result, these writ petitions are disposed of directing the 1[st] respondent to consider and pass orders on Ext.P4 in W.P. (C) Nos.9618 & 9758 of 2014 7 W.P.(C) No.9618/2014 and Ext.P8 in W.P.(C) No.9758/2014 within a period of three months from the date of receipt of a certified copy of this judgment, with notice to the petitioner and also after affording an opportunity of being heard to the petitioner. The petitioner shall produce a certified copy of this judgment along with a copy of these writ petitions before the 1[st] respondent for compliance. Sd/- **SHOBA ANNAMMA EAPEN JUDGE** SMF W.P. (C) Nos.9618 & 9758 of 2014 8 ## **APPENDIX OF WP(C) 9758/2014** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.6854/IV DATED 20-12-1123(ME) OF THE INSPECTOR OF GIRLS'S SCHOOL. EXHIBIT P2 TRUE COPY OF ORDER NO.L.DIS.36764/61/DI. DATED 24-5-1962 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA. EXHIBIT P3 COPY OF THE ORDER NO.L.DIS.43691/63 DAED 16-09-1963 OF THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE GO(MS)NO.221/2002/G.EDN DATED 23-7-2002 EXHIBIT P5 EXT.- TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.230/2008/2011 DTED 0209-2011 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER F.NO.1642 TO 1662 OF 2010 - 50415 DATED 08-02-2011 ISSUED BY THE NAIONAL COMMISSION OR MINORITY EDUCATIONAL INSTITUTIONS EXHIBIT P7 TRUE COPY OF THE PETITION DATED 28-022014 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THER 1ST RESPONDENT DATED 11.06.2023. W.P. (C) Nos.9618 & 9758 of 2014 9 ## **APPENDIX OF WP(C) 9618/2014** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.L.DIS.25228/67/D1 DATED 02.03.1968 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.L.DIS.47861/64 DATED 05.09.1964 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE PETITION DATED 25.02.2014 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 22/6/2023