The state’s order was challenged before the high court by another school which claimed that the procedure prescribed under the Kerala Education Rules, 1959 were not followed and no notice was given to schools in the vicinity to raise any objection with regard to the up gradation.
A single judge of the high court had allowed the plea filed by the school and set aside the state’s order on the ground that the procedure prescribed under the Act was not followed.It, however, had allowed the junior primary school to permit students already admitted to continuing their education till the next academic year and said that it would be open for the government to take a fresh decision on the matter.
The junior primary school had challenged the order before a division bench of the high court which dismissed its plea.The school then moved the apex court and its counsel told the bench that the government had taken a conscious decision to give relaxation in its favour and exempt it from certain provisions of the Act and it was then upgraded to an upper primary school from the academic year 2015-2016.
The apex court, while setting aside the high court’s orders, said no other school was situated at a distance of fewer than three kilometres from the junior primary school.
( Source – PTI )