Kochi: The Kerala High Court on Monday dismissed the appeals filed by the State Government challenging a Single Bench order directing to permit plus-two only in schools recommended by a six-member committee (Scrutiny Committee) headed by the Higher Secondary Education Director.
A division bench comprising Justice Antony Dominic and Justice Dama Seshadri Naidu found that the Cabinet sub committee had without any material deviated from the recommendations made by the scrutiny committee. The procedure adopted by the Cabinet sub committee was illegal, the court observed. The court made it clear that the power of the State to frame a policy or to revise it did not empower it to ignore the binding directions of the court.
“Even if it was assumed that the Cabinet sub-committee was at liberty to ascertain the views of people's representatives, the files should have shown that it was done in a transparent manner. The Government deviated from the directions of the court by the dubious process of appointing a Cabinet sub committee and allegedly by ascertaining the views of the MLAs in that area, which were not substantiated by any material.” the court held.
The bench further observed that the files produced by the State showed that it had not disclosed anything regarding the people who pointed out the educational needs, the manner in which they were pointed out or when they were pointed out.
Earlier, the Division Bench had specifically ordered that plus-two courses should be provided in 148 grama panchayats as expeditiously as possible and also ordered the sanctioning of additional batches in northern districts from Ernakulam and the upgradation of schools.
