Antony Dominic, J. Appellant filed WP(C) No.26122/13 seeking to direct the respondents to sanction High School and Higher Secondary School to the appellant's school by elevating his Upper Primary School as High School. The second prayer in the writ petition was to require the respondents to conduct a study regarding the educational need of the area and to sanction High School Class to the appellant's school on that basis.
2. By the impugned judgment, the learned single Judge disposed of the writ petition negativing the claim of the appellant on the ground that in view of the provisions contained in the Kerala Education Rules and the law laid down by the Apex Court in State of Kerala v. Prasad [2007(3) KLT 531 (SC)], unless the respondents invite applications, the appellant can have no right to claim that, he be sanctioned schools as prayed for.
3. However, in so far as the 8th standard sought for by the appellant is concerned, learned single Judge has issued directions in
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the light of the provisions contained in the Right of Children to Free and Compulsory Education Act and Rules. In this appeal, counsel contends that the second prayer in the writ petition requiring the respondents to conduct a study on the educational needs of the area was not considered by the learned single Judge and that directions in that behalf should be issued.
4. It is true that in view of the provisions contained in the KER and particularly Chapter V thereof, it is for the respondents to conduct a study on the educational needs and to take appropriate action for remedying the situation. Therefore, if as a matter of fact, the appellant has filed representation requiring the respondents to conduct a study into the educational needs of the area, it is for the respondents to take up the representation and do the needful in the matter.
Therefore, clarifying the position as above and leaving it open to the appellant to move the respondents in that behalf, the writ appeal is disposed of.
Sd/-
ANTONY DOMINIC JUDGE Sd/-
ANIL K. NARENDRAN JUDGE Rp