Supreme Court of India

State of Kerala and Ors. v. K. Prasad and Anr.

Neutral citation
Reported as [2007] 8 S.C.R. 115
Bench Dr. Arijit Pasayat and D.K. Jain JJ.
Decided 9 July 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the appeal is allowed; the judgment of the Division • Bench is set aside and both the writ petitions are dismissed.

Judgment, page 11

From the headnote

Kera/a Education Rules, 1959-rr. 2 and 2 -Upgradation ofschools­ From primary to secondary level-Applied for-Rejection by State-Allegation of discrimination as on earlier occasions upgradation granted by relaxing the Rules-Held: Upgradation cannot be granted by State Authorities by violating the Rules-Waiver or relaxation of Rules unless provided under the Rule itself, would give scope to discrimination, arbitrariness andfavouratism­ When executive order is called in question, the court in exercise of its power of judicial review is required to see whether Government has departed from such

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