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Plus two courses: Single judge's order kept in abeyance

By Our Staff Reporter

KOCHI, JULY 27. A Division Bench of the Kerala High Court on Friday directed the State Government to re-examine the cases of Plus Two schools.

The Bench comprising Mr. Justice K. S. Radhakrishnan and Ms. Justice A. Lekshmikutty made it clear that the re- examination of rival claims made by certain managements should be made with respect to the situation which existed on July 7, 2000.

The judges ordered that the judgment of a single judge directing the Government to grant Plus Two courses in 20 schools and consider the cases of 150 schools for Plus Two courses and quashing its decision to sanction 600-odd additional batches, be kept in abeyance till November 15, 2001.

The Bench was of the opinion that reconsideration of the entire Plus Two allotments was unnecessary. The court said the reports submitted by the district-level committees would be considered by the Government. All the parties who had approached the court could put their grievances before the committees and their objection would be considered on merit.

As for the cases of 600-odd additional batches, the court said a committee, which would include Director of Higher Secondary Schools, would be constituted and would consider the objections of the aggrieved schools. It should submit its report on or before November 15.

The court passed the order when appeals filed by the Government against the directives of the single judge and by some school managements seeking a direction to the State Government to consider their request for Plus Two schools came up before the Bench.

The Additional Advocate General and counsel for the petitioners were unanimous in their view that the State Government had failed to comply with certain directives given by another Division Bench. The Additional Advocate General had submitted that the Government could not comply with certain directives of the Bench because of the financial crunch.

The Bench had earlier sought the Government's opinion on the single judge's directives for granting Plus Two courses in certain schools. In response, the Government had filed an affidavit stating that it proposed to appoint a committee to look into the issue and identify areas where the higher secondary schools were needed. The Government also told the court that they would examine the single judge's directives and rectify the illegalities in the sanctioning of Plus Two schools. A decision in this regard would be taken before December 31, 2001.

The Bench today also directed the Government to follow strictly the directives issued by another Division Bench which had quashed the earlier Government Order granting Plus Two schools.

The earlier Bench while setting aside the GO had directed the Government to consider afresh the entire applications submitted for sanctioning Plus Two schools for the academic year 2000-01. The Bench had directed the Government to strictly adhere to the seven Government Orders containing certain guidelines stipulated for sanctioning Plus Two schools. It had quashed the earlier Government order on the ground that the Government did not follow these guidelines.

The single judge had also pointed out the non-compliance of the guidelines for the second time while sanctioning 300-odd Plus Two schools. He had refrained from setting aside the fresh order.

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