KOCHI: The state government
should allow conversion of an unaided school into the aided category if
it has necessary infrastructure and if there is need for an aided
school in the area, the Kerala high court has ruled. The order by
justice P R Ramachandra Menon was issued while considering a petition by
the manager of Kuttamboor Higher Secondary School at Punnassery in Kozhikode, challenging denial of change of status.
Allowing the petition, the court held: If the petitioner has all the requisite credentials and 'need of the area' has been considered and recommended by the committee (district-level committee), the petitioner shall be granted sanction to convert the existing unaided higher secondary school to be in the aided sector.
Along with the challenge raised on the denial to allow conversion, the school management had produced news reports of the then education minister's speech in June and July 2003, stating that unaided schools with more than 50% pass percentage in SSLC examinations would be allowed to be converted to aided schools.
When the government issued a notification in June 2010 inviting applications for starting higher secondary courses, the school management applied, pointing out that the nearest higher secondary school was 12km away and that the school has been consistently delivering good results.
When their application was rejected, the school management approached the court contending that as the school has enough land and the area where the school is situated is in need of an aided school, the application should have been allowed by the government.
The district-level committee comprising the district collector, panchayat president and deputy director of education had also certified the need of an aided higher secondary school in the area in June 2010, the management pointed out.
Though the government contended that the application for change of status was rejected after considering the district-level committee's report, the court ruled that an effective analysis doesn't seem to have been made by the government.
The report by the committee's chairman regarding the need of the area was submitted on July 19, 2010 while government's order granting sanction to 178 schools based on the report was passed the very next day, the court pointed out. Ruling in favour of the school management, the court asked the government to pass a detailed order granting aided status to the school within three months.
Allowing the petition, the court held: If the petitioner has all the requisite credentials and 'need of the area' has been considered and recommended by the committee (district-level committee), the petitioner shall be granted sanction to convert the existing unaided higher secondary school to be in the aided sector.
Along with the challenge raised on the denial to allow conversion, the school management had produced news reports of the then education minister's speech in June and July 2003, stating that unaided schools with more than 50% pass percentage in SSLC examinations would be allowed to be converted to aided schools.
When the government issued a notification in June 2010 inviting applications for starting higher secondary courses, the school management applied, pointing out that the nearest higher secondary school was 12km away and that the school has been consistently delivering good results.
When their application was rejected, the school management approached the court contending that as the school has enough land and the area where the school is situated is in need of an aided school, the application should have been allowed by the government.
The district-level committee comprising the district collector, panchayat president and deputy director of education had also certified the need of an aided higher secondary school in the area in June 2010, the management pointed out.
Though the government contended that the application for change of status was rejected after considering the district-level committee's report, the court ruled that an effective analysis doesn't seem to have been made by the government.
The report by the committee's chairman regarding the need of the area was submitted on July 19, 2010 while government's order granting sanction to 178 schools based on the report was passed the very next day, the court pointed out. Ruling in favour of the school management, the court asked the government to pass a detailed order granting aided status to the school within three months.
Source:TOI
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