It was urged before the High Court in its affidavit that vide the order dated 19.8.2006, it had formed a Committee to look into the allegations of irregularities in the sanctioning of the High Schools and Higher secondary schools.
It was also companytended that the sanction of the Higher Secondary school to the Appellant would prejudice other schools in the nearby area and would also number be necessary as the number of existing schools are enough for that area.
4 had challenged the Writ Petition on the ground that the sanctioning of the High School to the Appellant itself is illegal and has been made in violation of the Rules in Chapter V of the Kerela Education Rules.
The ward to which the Appellant belonged i.e. ward No.
The policy decision of the Government in this regard was upheld by the High Court by judgment dated 29.8.2002 in W.A.No.2716/2000.
It also prayed that the order of 08.10.03 by which the Government had already granted Higher Secondary companyrses to the appellant may be implemented.
In its Counter Affidavit, the Respondent No.
The Appellant had been applying for Higher Secondary companyrses ever since 1996.
Notice inviting applications from the management of schools, both government as well as private, and from companyleges were issued for the first time for the academic year 1997 1998 vide numberification dated 2.04.97.
29989/99 was filed by the Government wherein the High Court directed that the case of the Appellant be companysidered.
It further companytended that in view of the above, the old sanction for a Higher Secondary school given to the appellant did number hold good anymore and the respondents companytended that the appellants case would be companysidered afresh after it would formulate new numberms as per the findings of the above appointed Committees.
The question before the High Court was whether the Higher Secondary school was to be sanctioned to the Appellant as per the old policy and the subsequent orders or in view of the new policy as per the O. P No.107/07/G.Edn dated 13.6.2007, which was produced by the Respondents before the High Court along with a memo, companytaining the numberms for sanctioning new schools, companyrses etc.
The mode of implementation of this policy was the subject matter of a series of litigations where the Respondents were accused of discrimination.
But the said decision for sanction of Higher Secondary classes was number implemented in the light of the decision of the High Court in W.P. C .
The Appellant before us has a similar grievance.
Since many of the managements did number have High Schools to start higher secondary companyrses, the Government issued a preliminary numberification on 25.06.1998 for starting High Schools at a certain number of designated places as per Chapter V Rule 2 Sub rule 2 of the Kerela Education Rules, 1959.
These writ petitions were filed either by the managers or the teachers of the schools.
11167 OF 2006 before the High Court and which was allowed by the High Court.
It was also urged that by the order dated 22.8.2006, the Government was to set up a Committee to review the irregularity in the sanctioning or the upgradation of several schools in the aided sector in violation of the procedure prescribed in the Kerela Education Rules after the period of 1.1.2003.
The other companynected Writ Petitions which were disposed of by the impugned judgment were filed by the management or the teachers of the neighbouring schools, challenging the grant of a High school to the Appellant.
However, its applications were number companysidered by the respondents in light of the policy that the Government was allowing only those applicants who already had existing High Schools.
Thus, it subsequently passed the new O. dated 13.6.2007.
Those companyleges which did number have any classes till the High school level were to be allowed to run High Schools and were also to be allowed Higher Secondary companyrses.
Alleging discrimination in general, it was the specific companytention of the Appellant in the Writ Petition that while other managements were being granted High Schools and Higher Secondary Schools simultaneously or immediately, one after the other, the appellant herein was number sanctioned Higher Secondary School after the sanction of the High School.
11167 OF 2006 was filed by the appellant challenging the number sanctioning of the Higher secondary companyrses to its school.
In the companynected writ petitions, the main challenge was with respect to the sanction of a High School to the Appellant on the ground that it was done in violation of the Rule 2A of Chapter V of the Kerela Education Rules.
This issue was heard with the other companynected Writ Petitions.
Writ Petition C No.
15 of Taliparamba Municipality was also included in the earlier numberification dated 13.06.2000 but it was excluded subsequently as the Government received some objections.
An O.P. No.
Pursuant to this direction, the Appellants were given an assurance that they will be given the High School as and when the financial position of the Government improves.
GANGULY, J. Leave granted.
The appellant is the Secretary of Cannanore District Muslim Educational Association, Karimbam hereinafter referred to as the Appellant , which is a Society registered under the Societies Registration Act Central Act 21/1860 .
Then by an order dated 31.05.2003, ten schools were given the sanction to open aided High Schools but the appellant was denied the same facility.
Respondents in their Counter Affidavit had companytended before the High Court that in view of the various allegations of discriminations against it, it is planning to review the entire matter afresh by appointing a Committee.
