MARAKKARA EDUCATIONAL AND DEVELOPMENT SOCIETY Vs. STATE OF KERALA
HIGH COURT OF KERALA
MARAKKARA EDUCATIONAL AND DEVELOPMENT SOCIETY
STATE OF KERALA
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(1.) IN this writ petition, the petitioner, a society registered under the Societies Registration Act, has applied for a writ of certiorari or other appropriate writ, or direction quashing an order passed by the Government sanctioning the opening of a High School by 2nd respondent.
(2.) GOVERNMENT published a notification inviting applications for permission to open new schools in the year 1968-69. The petitioner-society applied for sanction for opening a school with Stds. 7 to 10 as an aided school in Marakkara Village, Tirur Taluk. The 2nd respondent also applied for permission to open an aided school with Standards 7 to 10 in the same village. The application of the 2nd respondent was allowed by the government by the order impugned in this proceeding.
The petitioner submits that in passing the order sanctioning the opening of a school by the 2nd respondent, the Government have taken into consideration irrelevant materials and ignored relevant ones, and therefore, the order is - vitiated by mala fides.
Counsel for the petitioner submitted that in the press-note issued by Government, sanction for opening a High School was granted to the petitioner but that in the Gazette notification that followed, that was given the go-by, and sanction was accorded to the 2nd respondent for opening a school. Counsel said that Government sanctioned the school to the petitioner because the plot of land on which it proposed to locate the school would meet the educational needs of the locality better than the plot where the 2nd respondent proposed to locate the school, that there was no scope for any mistake as to the person to whom the sanction for opening the school was granted, and that what happened was, that the Government changed their mind out of irrelevant considerations and sanctioned the school to the 2nd respondent, and that was published in the Gazette.
(3.) THE Minister for Education has filed an affidavit in this court stating that it was on account of a typing error that in the press-note it was stated that sanction was granted to the petitioner to open a school in the site offered by it, that as a matter of fact, Government intended to sanction and really sanctioned the school to the 2nd respondent, and that the error was rectified in the Gazette notification. Although counsel contended that the circumstances are against the acceptance of the statement in the affidavit, I do not think that I will be justified in rejecting it. I cannot attach much weight to the contention of counsel, that the decision arrived at the conference was noted down at the time, and since the note has not been produced before the court, no value can be attached to the statement that it was on account of a mistake in typing, that the error crept into the press-note.
But I think that the petitioner must succeed for the reason that there were no materials before the Government which warranted the sanction for opening the school to the 2nd respondent, or, to put it in other words, the Government did not take into account the available relevant materials for deciding the question.;
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