Chapter V of KER deals with the opening and recognition of schools.
Every objection filed shall be accompanied by chalan for Rs.
The Government rejected the application for recognition on the ground that it would violate the Governments Policy referred to in GO P No.107/07/G Edn dated 13.06.2007.
The Deputy Direction of Education, however, forwarded a report letter No.
dated 22.11.2007.
Objections filed without the necessary Chalan receipt shall be summarily rejected.
5321/07/G.Edn.
Further, it was also pointed out that the procedure for granting recognition to new schools is laid down in Chapter V of KER and as per sub rule 2 of Rule 2A of Chapter V of KER, an application for opening a school should be in response to the numberification under sub rule 1 of Rule 2A of Chapter V. Consequently, the application was rejected by the Government vide GO Rt No.
2A. Applications for opening of new schools and upgrading of existing schools 1 After the publication of the final list of the areas where 8new school of any or all grades are to be opened or existing Lower Primary Schools or Upper Primary schools or both are to be upgraded the Director shall, by a numberification in the Gazette x x x call for applications for the opening of New schools of any or all grades and for raising of the grade of existing Lower Primary Schools or Upper Primary Schools or both in the areas specified.
within one month from the last date for forwarding the report by the District Educational Officer.
Further, it was pointed out that the respondent school though was having sufficient infrastructure, granting recognition would adversely affect the other aided schools functioning in that area and the possibility of division fall in these schools companyld number be ruled out.
B1/8863/07 dated 19.10.2007 to the State Government pointing out existence of a three recognized schools within a distance of 5 km from the respondent school following Tamil and Malayalam mediums having Standard 1 to 7, of which one is situated within a distance of 2.5 km.
The Division Bench of the High Court, vide its judgment dated 18.8.2010 allowed the appeal stating that the respondent has satisfied the various companyditions laid down in the Governments Policy dated 13.6.2007 and therefore, directed the Government to grant recognition to the respondent school as an unaided self finance English medium school to run classes from standard 1 to 10 from the academic year 2010 11 onwards.
Provided that the Government may either suo motu or on application by any person objecting to the list published by the Director under sub rule 4 made before the expiry of thirty days from the date of such publication review their order finalizing such list and make such modifications in that list as they deem fit by way of additions or omissions, if they are satisfied that any relevant ground has number been taken into companysideration or any irrelevant ground has been taken into companysideration or any relevant fact has number been taken into account while finalizing the said list Provided further that numbermodification shall be made under the preceding proviso without giving any person likely to be affected thereby an opportunity to make representation against such modifications.
The Assistant Educational Officer and the District Educational Officer may thereafter companyduct enquiries, hear the parties, visit the areas and send their report with their views on the objections raised to the Director within two months from the last date of receipt of the objections.
In preparing such lists he shall take into companysideration the following.
The Director, if found necessary, may also hear the parties and finalise the list and send his recommendations with the final list to Government within two months from the last date of the receipt of the report from the Educational Officers.
The State is aggrieved by that judgment and hence this appeal.
Such objection shall be filed before the Assistant Educational Officers or the District Educational Officers as the case may be.
within one month from the last date for forwarding the report by the Director.
An application for recognition was submitted by the respondent school in the year 2003 before the Government.
Respondent took up the matter before the Division Bench of the High Court.
The Government after scrutinizing all the records may approve the list with or without modification and forward the same to the Director within one month from the last date for the receipt of the recommendations of the Director.
The list as approved by the Government shall be published by the Director in the Gazette.
S. RADHAKRISHNAN, J. Leave granted.
Aggrieved by the said order, the respondent along with various others approached the learned single Judge of the High Court who upheld the order.
Respondent established a school by name Betham English Medium School in the year 2001 at Attappady in the Palakkad District, State of Kerata in the unaided sector.
For easy reference, we may extract Rule 2 and Rule 2A of Chapter V as under Procedure for determining the areas where new schools are to be opened for existing schools upgraded 1 The Director may, from time to time, prepare two lists, one is respect of aided schools and the other in respect of recognized schools, indicating the localities were new schools or any or all grades are to be opened and existing Lower Primary School or Upper Primary Schools or both are to be upgraded.
No appeal or revision shall lie against the final list published by the Director.
10/ remitted into the Treasury.
The existing schools in and around the locality in which new schools are to be opened or existing schools are to be upgraded 26 The strength of the several standards and the accommodation available in each of the existing schools in that locality The distance from each of the existing schools to the area where new schools are proposed to be opened or to the area where existing schools are to be upgraded The educational needs of the locality with reference to the habit1ation and backwardness of the area and Other matters which he companysiders relevant and necessary in this companynection.
We have heard Ms. Bina Madhavan for the appellant and Shri M. P. Vinod for the respondent.
Objections, if any, can be filed against the list published within one month from the date of publication of the list.
A list prepared by the Director under Sub rule 1 shall be published in the Gazette, inviting objections or representations against such list.
