Petitioner is the Manager of an aided U.P.School situated in Malappuram District. When the request of the petitioner for upgradation of the school by sanctioning High School section was not considered, the petitioner had approached this court in an earlier writ petition. By virtue of Ext.P1 judgment this court directed the Government to consider the application submitted by the petitioner in this regard. In Ext.P2 consequential order issued by the Government it was categorically found that the area where the petitioner's school is situated is educationally, economically and socially backward and the students are experiencing much difficulties to continue their studies. It is found that a High School is is absolutely necessary in the area. Therefore the Government directed the 2nd respondent to consider opening of the new High School or upgrading the existing W.P.(C). No.1620 OF 2009 2 U.P.School in the area, on the merits, and to take action as per Rules contained in the KER, as and when the Government takes a policy decision to open/upgrade schools in the state in future. 2. Ext.P2 proceedings was issued as early as in the year 2001. Subsequently the Grama Panchayath concerned had also passed a resolution requesting the Government to upgrade the school by sanctioning High School Section. Ext.P4 is the application submitted by the petitioner before the Educational Officer for sanctioning the High School Section, during the year 2007. Since the said application was not considered the petitioner had submitted various representations as evidenced from Exts.P5 to P7, both before respondents 1 and 2. Since those representations were not considered this writ petition is filed seeking appropriate directions.
3. The petitioner has no case that subsequent to Ext.P2 proceedings his priority for getting the High School sanctioned in the area has been over-looked. Learned Government Pleader appearing on behalf of the respondents submitted that the upgradation was not W.P.(C). No.1620 OF 2009 3 granted because of policy decision taken by the Government. It is submitted that no new aided High Schools were sanctioned in the State after Ext.P2 proceedings. This court cannot compel the Government to upgrade the petitioner's school if the Government is taking a policy not to grant approval for any fresh school or for upgradation of any aided school. But in view of Ext.P2 the petitioner has to be given preference as and when the Government takes a policy to allow new High School in the aided sector.
4. Under the above mentioned circumstances, this writ petition is hereby disposed of by directing the respondents to consider the application of the petitioner for upgradation of his school by sanctioning High School in the aided sector, as and when the Government takes a policy to allow new schools in the aided sector and accepts application in that regard. Needless to observe all preference shall be given to the petitioner on the basis of findings contained in Ext.P4.
SKV Sd/-
C.K.ABDUL REHIM, JUDGE.