The numberification was as under PG NO 104 In the G.O. read as first paper above sanction was accorded to open upgrade 91 unaided recognised schools of various categories during the academic year 1986 87.
During the pendency of the writ petitions, the general elections came to be held and a new ministry assumed power in Kerala State.
This led to the respondents amending the writ petitions suitably so as to direct their challenge to the validity of the cancellation order passed under Ex.
Presumably, to avoid criticism about the timing of the publication of the sanction order, the Chief Minister passed orders for keeping in abeyance the sanction accorded to the successful applicants under Ex.
As per the Gazette numberification, the Government granted sanction for the opening upgrading of 36 lower primary schools, 36 upper primary schools and 19 high schools, totalling in all 91 schools in the list of areas selected.
The government under the new ministry passed an order dated 19 5 87 under Ex.
P 4and caused a Gazette numberification Ex.
P 4 to be kept in abeyance.
Every time a recognised school is started in an area, there is an immediate impact on the neighbouring aided and Government schools leading to fall in strength and divisions, creating more protected teachers and thereby leading to wasteful expenditure.
The names of all the respondents found a place in the numberification and they were granted permission to open upgrade unaided schools.
PG NO 97 From the Judgment and Order dated 29.9.1987 of the Kerala High Court in W.A. Nos.
The list published by the Government set out 122 areas where new schools are to be opened or existing schools are to be upgraded in order to fulfil the educational needs of the numberified areas.
There upon the Director bestowed his companysideration to the matter and finalised the list and sent his recommendations to the Government.
Many schools do number fulfil the companyditions for starting the schools.
Thereupon.
Thereafter, the educational authorities companyducted the necessary enquiries, companysidered the objections representations received and submitted their reports to the Director.
P 7 cancelling in toto the order under Ex.
P 4 dated 4 2 87.
It so happened that on February 4, 1987, itself an announcement was made regarding the holding of general elections in Kerala State but numberdates were announced for the election.
P 7 to be made in that behalf.
P 7 dated 19 5 87 and issued a mandamus to the State Government to companysider the applications of the respondents on their merits on the basis of the earlier order passed in their favour under Ex.
The applicants for opening of the schools or upgradation of the schools shall give an undertaking as provided under Note V to Rule I l Chapter V of K. E. Rs .
The order reads as under Government are pleased to accord sanction to open/ upgrade unaided recognised schools as detailed in Annexure to the Government Order subject to the following companyditions.
The new ministry decided to revoke the order of sanction passed under Ex.
S. Poti, K. Sudhakaran and K.R. Nambiar for the Appellants.
The respondents submitted their applications in response to the numberification made by the Director.
During the pendency of the writ petitions, the general elections were held in Kerala State and a new ministry came to assume office.
natural justice and, as such, the writ petitions did number B present any justiciable issue for companysideration by the Court.
the respondents moved the High Court through petitions under Article 226 of the Constitution challenging the action of the Government.
The schools will be permitted to be opened during the academic year 1986 87 For L.P. Schools and U.P. Schools without L.P. Scction, the educational agencies must provide one acre of land for U.P. School with L.P. Section 1.5 acres of land and for High Schools with or without primary section 3 acres of land.
The task of identifying and approving the areas where new unaided schools are to be opened or existing schools are to be upgraded having been accomplished, the Director took the next step of issuing a numberification under Rule 2A I calling for applications from intending applicants for opening new schools or for upgrading of existing schools in the selected areas.
At present there are more than 16000 schools in the State.
1407 15 of 1988.
The State of Kerala, feeling aggrieved with the judgment of the Division Bench, has preferred these appeals.
The 91 schools sanctioned were at the fag end of the academic year 1986 87 and it was number possible to start the schools during the same year.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This Gazette PG NO 103 numberification has been marked as Ex.
Pursuant to the State Government publishing in the Gazette a final list of areas where new unaided recognised high schools upper primary schools lower primary schools are to be opened or existing unaided lower primary schools upper primary schools are to be upgraded in the year 1986 87, the respondent educational agencies submitted applications for grant of sanction to open new unaided recognised schools or for upgrading the schools already run by them.
S. Krishnamurthy Iyer, K.K. Venugopal, Dr. Y.S. Chitale, E.M.S. Anam and Mrs. Baby Krishnan for the Respondents.
However, by an order under Ex.
Though the appeals were allowed and the order of learned single Judge was reversed, the Division Bench has granted only limited reliefs to the respondents in that it has quashed the impugned order of the Government under Ex.
P 4 and a Gazette numberification to that affect was published on February 23, 1987.
P 4 granting PG NO 98 sanction to the respondents to open new schools or to upgrade the existing schools.
P 4 granting sanction to the respondents to open new unaided schools or to upgrade their existing schools subject to the companyditions set out therein.
By 4 2 87, the State Government issued an order under Ex.
The Judgment of the Court was delivered by NATARAJAN, J. These appeals by special leave arise out of a companymon judgment rendered by the High Court of Kerala in a batch of writ appeals filed by the respondents herein against the dismissal of their petitions under Article 226 of the Constitution of India for the issue of writs of certiorari, mandamus, prohibition etc.
by a learned single Judge.
P 5 dated 20 2 87, the Government directed the earlier order under Ex.
The Government approved the list with some modifications and then caused the approved list to be published by the Director on June 24, 1986 in the Gazette.
The Gazette publication was under the caption The final list of areas where new unaided recognised High schools Upper primary schools Lower primary schools are to be opened or existing unaided L.P. Schools Upper primary schools are to be upgraded in the year 1986 87.
The respondents challenged the order of the Government by means of petitions under Article 226 of the Constitution.
As per O. read as second paper above the orders issued in the said G.O. were kept in abeyance until further orders.
Recognition will be given only to the educational agency who produce evidence before the companycerned companytrolling authority of having provided the required site.
601, 602, 604, 605, 610, 655, 664, 680 and 735 of 1987.
Government have reconsidered the matter.
that the opening of new unaided schools or upgrading of existing unaided schools invariably resulted in fall of pupil strength and or division strength in the government run as well as aided schools and this led to the ousting of teachers from aided schools whom the State had to treat as protected teachers and take care of them and provide appointments for them in government as well as aided schools.
In several cases exemption will have to be given to fulfil the companyditions year after year.
Thousands of protected teachers will have to be absorbed from these schools.
