IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 19580 of 2007(S) -------------------------- PETITIONER: --------------- R.GOKUL PRASAD,AGED 39 YEARS, S/O.LATE A.GOPINATHAN,SECRETARY, PEOPLES FORUM FOR NATURAL JUSTICE,15/397, ALATH HOUSE,NALLEPILLY,PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP BY ITS CHEIF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY,DEPARTMENT OF GENERAL EDUCATION,THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.K.MEERA FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19580 of 2007(S) APPENDIX PETITIONER'S EXHIBITS; EXT.P1: G.O.(RT) NO.2375/2004/G.EDN. DATED 10.06.2004 ISSUED BY GOVERNMENT OF KERALA, CENTRAL EDUCATION (F) DEPARTMENT. EXT.P2: GO(MS) NO.126/06/G.EDN. DATED 05.04.2006 ISSUED BY GENERAL EDUCATION (F) DEPARTMENT, GOVERNMENT OF KERALA. EXT.P3: G.O.(P) NO.107/07/G.EDN. DATED 13.06.2007 ISSUED BY GOVT. OF KERALA, GENERAL EDUCATION (F) DEPARTMENT. RESPONDENTS' EXHIBITS: NIL. ....... // TRUE COPY // P.A TO JUDGE. J.B.KOSHY, Ag.CJ & V.GIRI, J. =========================== W.P.(C).No.19580 of 2007 - S =============================== Dated this the 23rd day of January, 2009. J U D G M E N T Koshy, Ag.CJ. When the writ petition was admitted, learned counsel for the petitioner restricted his prayer which is extracted as follows: “Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the respondents to initiate speedy and efficient action to implement the mandate of Article 21A of the Constitution for providing free and compulsory education to children between the age of 6 to 14.” 2. At paragraph 14 of the counter statement it is stated as follows: “With the incorporation of Article 21 A in the Constitution of India by the 86th amendment it became the duty of the State to provide free and compulsory education to all children up to 14 years of age. In tune with the National Policy for providing free and compulsory education to the children up to 14 years, Government of Kerala have been implementing various schemes and projects both in the formal and non-formal education field like DPEP, SSA, MGLCs, Literacy Mission Programmes etc. as part of its endeavour to achieve the goals envisaged in this regard. The concept of compulsory education, includes not only to force children to attend the school, but also to contribute appropriate funds by the Government for the Primary education System up to high school level rather than higher education. The Government of Kerala allocates more funds for education system than in any other W.P.(C).No.19580 of 2007 - S 2 states and achieved more than 90% literacy rate. Almost all children aged in between 5 to 15 years are attending schools in all districts of the state. Our enrollment rate is 99.6% and is the highest in the country.” 3. It is further stated that there is one school for every 2400 inhabitants in Kerala and even though one of the poorest states in India, Kerala has spend more fund for education than most of the other states and 36-38% of the State budget goes to education. If any area which is thickly populated has no Government school, petitioner can file a petition so that Government can consider giving free education in those areas also. With the above observation, this writ petition is disposed of. J.B.KOSHY, ACTING CHIEF JUSTICE. V.GIRI, JUDGE. bkn/-