On appeal, it was companyfirmed.
116/76, dated 21.6.1976 issued orders b which the appellants name as item 5 finds place for upgradation of his school as upper primary school.
As per the procedure prescribed in Rule 2 of Chapter V of the Kerala Education Rules, objections have been called on the need to establish new schools or upgradation of existing schools.
The numberification was issued on July 4,1975 inviting applications for establishing new schools or upgradation of the existing schools.
Pursuant thereto, the appellant made an application for upgradation of his primary school into upper primary school.
The admitted facts are that the appellant was running a primary school at Kanmanam by name M.L.P, School.
The Government had sanctioned on 18.10.1975 but in the Schedule the name of the appellant for upgradation of his school did number find place.
The respondent had challenged the order of the Government giving sanction for upgradation by filing the O.P. tinder Art.226 companytendmg inter alia that since the applications have already been dismissed by issuing the numberification on 18.10.1975, the Government have numberjurisdiction or power to grant sanction under the impugned G.O. That was found favour with the learned Single Judge and accordingly it was quashed.
The Government in G.O.Ms.
As numberparticular school was numberified for opening of the new school or upgrading of existing school the question of hearing petition regarding his objection against the upgrading of A.M.L.P.S. Kanmanam did number arise.
Thus this appeal by special leave.
