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Plus two case: HC dismisses appeals filed by state govt

Kochi: Kerala High Court today dismissed appeals filed by the state government in the Plus two case and said it fully endorsed the single judge's order that the decision making process was 'vitiated.'

"We do not find any substance in the contention of the
state and we decline to interfere with the single judge's
order', a division bench comprising Justices Antony Dominique
and Sheshadri Naidu, said while dismissing the appeals.

The bench said the interim order of the single judge was
passed on the prima facie satisfaction that the decision
making process was 'vitiated' and "we fully endorse that
view', the bench held.

The court also said that the government decision was
taken in deviation from earlier judgements of the High Court.

The bench held that it does not find any substance in the
contention of the government and declined to interfere.

The government claimed that policy has to be upheld for
the better interest of the student community, which is
awaiting admission to plus two courses.

A single judge had on August 18 directed that only
schools recommended by sixmember expert committee, which had
received approval of the Higher secondary Education Director,
be given sanction to start plus two courses and additional
batches this year.

The court had also made it clear that certain schools
recommended by the committee, which had failed to get the
Education Director's approval, be given provisional sanction
to function forthwith, subject to conditions stipulated in the
Government Order of July 31 this year.

Challenging this verdict, government had filed appeals
stating that 14,250 seats from 225 batches would be lost and
about 81,000 students denied plus two courses by the order.

The court in its July 10 order directed grant of Plus two
schools according to educational needs and to grant courses in
nine northern districts from Ernakulam and 148 panchayats.
"Now the state wants to revise the order of the court," the
bench had held.

The court, thereafter, directed that the nodal officer
shall continue to work in that position for a year from today.

It also directed that he shall indicate in a tabular
statement all the steps undertaken by the Delhi government in
compliance of the high court's earlier judgement.

The bench asked the officer to indicate the time frame
for implementing the steps remaining to be implemented.

It also said it will appoint an amicus curiae to assist
it in the present case.

Meanwhile, advocate Anshumaan Sahni, appearing for the
petitioner Pramod Arora, father of a differentlyabled child,
contended that the Delhi government says it received
information from 156 private schools and then submits in court
that there are 1300 such schools in the national capital, "so
where is the information regarding the rest of them?"

He sought that punitive action be taken against the
erring schools.

The court was hearing a contempt plea filed by Arora,
alleging that the court's May 7 order has not been complied

Arora had initially challenged the Lieutenant Governor's
nursery admission guidelines which clubbed CWSN with children
belonging economically weaker section (EWS) category.

Pursuant to this, the high court had held that the
clubbing of CWSN with EWS for nursery admissions was illegal.

On May 29, this year, the court had pulled up the city
government for not taking concrete steps to implement its
orders regarding setting aside of seats by schools in nursery
class for CWSN.



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