IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 16379 of 2008(Y) -------------------------- PETITIONERS: --------------- 1. SHAFEEK.S., MANAGER, ROSE DALE SCHOOL, UMAYANALLOOR P.O., KOLLAM. 2. SHAJAHAN.A., MANAGER, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 3. RADHAKRISHNAN.R., MANAGER, AMRUTHA E.M.U.P.SCHOOL, POLACHIRA, KOLLAM DISTRICT. 4. G.YESUDASAN, MANAGER, RESMY NURSARY AND LOWER PRIMARY SCHOOL, KANJAVELY P.O., KOLLAM. 5. TITUS.K.JOHN, MANAGER, HERBON E.M.SCHOOL, MUKOODU P.O., KUNDARA, KOLLAM DISTRICT. 6. ALICE.D., MANAGER, BAPPUJI MEMORIAL BALA BHAVAN SCHOOL, NEDUMPANA P.O., KOLLAM DISTRICT. 7. M.ALEXANDER, MANAGER, INFANT JESUS SCHOOL, NALLILA P.O., KOLLAM DISTRICT. 8. SIMALA, MANAGER, THE NEW NURSERY & L.P.SCHOOL, NEDUMPANA P.O., KOLLAM DISTRICT. 9. SHAFEEK.S., MANAGER, ROSE DALE SCHOOL, PULLICHIRA P.O., KOLLAM DISTRICT. 10. SHAFEEK.S., MANAGER, ROSE DALE SCHOOL, MYLAKKADU P.O., KOLLAM DISTRICT. 11. S.M.FALEELA, MANAGER, KALA NURSEY SCHOOL, MADANADA, KOLLAM DISTRICT. WP(C).No. 16379 of 2008(Y) : 2 : 12. S.SREEDEVI AMMA, MANAGER, VELANKANNI L.P.SCHOOL, PATTATHANAM, KOLLAM DISTRICT. 13. GEETHA, MANAGER, SREEKRISHNA ENGLISH MEDIUM SCHOOL, PARIPPALLI, KOLLAM. 14. KUNJAMMA THARIAN, MANAGER, ST.THOMAS NURSERY & L.P.SCHOOL, KUREEPPALLI, KANNANALLOOR, KOLLAM. 15. LALITHA.R., MANAGER, VIDYABHAVAN SCHOOL, PUTHENKULAM, KOLLAM. 16. BABY SUSHA, MANAGER, S.N.KIDS ENGLISH MEDIUM SCHOOL, PALAYAMKUNNU, VARKALA, KOLLAM DISTRICT. 17. MADHUSOODHANAN PILLAI, MANAGER, JAYA L.P.SCHOOL, PULIYATHU MUKKU, KILIKOLLOOR P.O., KOLLAM. 18. SEENATH.S., MANAGER, HOLY BHAVAN CENTRAL SCHOOL, CHUNDA, ANCHAL, KOLLAM. 19. BENAZIR KHALID, LOWER PRIMARY SCHOOL ASSISTANT, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 20. SOBHA.L., LOWER PRIMARY SCHOOL ASSISTANT ALUMMOODU, PULLICHIRA P.O., KOLLAM. 21. PREETHA.B.R., LOWER PRIMARY SCHOOL ASSISTANT, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 22. SANDHYA SHIJU, LOWER PRIMARY SCHOOL ASSISTANT, ALUMMOODU, PULLICHIRA P.O., KOLLAM. 23. OSEELA, LOWER PRIMARY SCHOOL ASSISTANT, ROSE DALE SCHOOL, UMAYANALLOOR P.O., KOLLAM. 24. SHANITHA SALIM, LOWER PRIMARY SCHOOL ASSISTANT, KALA NURSERY AND L.P.SCHOOL, MADANADA P.O., KOLLAM. WP(C).No. 16379 of 2008(Y) : 3 : 25. SEETHA.M., LOWER PRIMARY SCHOOL ASSISTANT, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM. 26. SHEEBA.A., LOWER PRIMARY SCHOOL ASSISTANT, ROSE DALE SCHOOL, MYLAKADU, KOLLAM. 27. SARITHA.S., LOWER PRIMARY SCHOOL ASSISTANT, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM. 28. VIDYARAJ, LOWER PRIMARY SCHOOL ASSISTANT, ROSE DALE SCHOOL, PULLICHIRA P.O., KOLLAM. 29. SAIDALI.S., MINOR, STUDENT, 4TH STANDARD, BLUE STAR, RESIDENTIAL PUBLIC SCHOOL, ALUMMOODU, PULLICHIRA PO., KOLLAM. REPRESENTED BY HIS GUARDIAN FASEELA, SHAHINA MANZIL, MAYYANAD P.O., KOLLAM. 30. SHAFINA.S., MINOR, STUDENT, 3RD STANDARD, ROSE DALE SCHOOL, PULLICHIRA PO., KOLLAM DISTRICT, REPRESENTED BY HER GUARDIAN SHAREEF, EDAVILA PUTHEN VEEDU, MAYYANADU P.O., KOLLAM DISTRICT. 31. NIYAS, MINOR, STUDENT, 4TH STANDARD, BLUE STAR, RESIDENTIAL PUBLIC SCHOOL PULLICHIRA P.O., KOLLAM DIST. REPRESENTED BY HIS GUARDIAN SHAMEENA, EDAVILA VEEDU, MAYYANADU P.O. KOLLAM DISTRICT. 32. RINY TOMY, MINOR, STUDENT, 1ST STANDARD, BLUE STAR RESIDENTIAL PUBLICL SCHOOL PULLICHIRA P.O., KOLLAM REPRESENTED BY HER GUARDIAN MARYKUTTY, PULLICHIRA P.O., KOLLAM DIST. 33. SNEHA JOHNSON, MINOR, STUDENT, L.K.G., BLUE STAR PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM REPRESENTED BY HER GUARDIAN PHILOMINA, PLAKANTAZHIKOM, PULLICHIRA, KOLLAM DISTRICT. 34. ABHILA A.S., MINOR, STUDENT, 2ND STANDARD, BLUE STAR PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM, REPRESENTED BY HER GUARDIAN SHAILA, T.G.HOUSE, THEKKUMKARA, PULLICHIRA, KOLLAM DISTRICT. WP(C).No. 16379 of 2008(Y) : 4 : 35. NIKHILA.S., MINOR, STUDENT, 4TH STANDARD, BLUE STAR PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM, REPRESENTED BY HER GUARDIAN DEEPA, KANESH COTTAGE, VADAKKEVILA P.O., KOLLAM DISTRICT. 36. AMAL SUNISH, MINOR, STUDENT, U.K.G., BLUE STAR PUBLIC SCHOOL, PULLICHIRA P.O., KOLLAM, REPRESENTED BY HIS GUARDIAN SHEEBA, SUNI BHAVAN, MAYYANAD, KOLLAM DISTRICT. 37. AMALRAJ, MINOR, STUDENT, 3RD STANDARD, ROSE DALE SCHOOL, PULLICHIRA P.O., KOLLAM, REPRESENTED BY HIS GUARDIAN BIJIMOL.P., KALARI VILA VEEDU, ARIYAMTHENGU, KOOTTIKADA P.O., KOLLAM. 38. HARIKRISHNA U. MINOR, 3RD STANDARD, BLUE STAR RESIDENTIAL PUBLIC SCHOOL, PULLICHIRA P.O, KOLLAM REPRESENTED BY HIS GUARDIAN BIJI.L, RESIDING AT AJI BHAVAN, NJARAKKAL, MAYYANAD.P.O, KOLLAM.6 BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE SRI.MANU TOM RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. WP(C).No. 16379 of 2008(Y) : 5 : *ADDL.R5: SURENDRAN, S/O.GOPALAN, AGED 41 YEARS, KUMMATH HOUSE, PENAKAM P.O. MULLASSERY VILLAGE, PERUVALLOOR, THRISSUR *IMPLEADED AS ADDL.R5 AS PER ORDER IN I.A.NO.7600/2008 DATED 25-6-2008. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE SRI.K.S.MADHUSOODANAN FOR ADDL.R5 SRI.T.V.JAYAKUMAR NAMBOODIRI FOR ADDL.R5 SRI.THUSHAR NIRMAL SARATHY FOR ADDL.R5 SRI.M.M.VINOD KUMAR FOR ADDL.R5 SMT.K.M.RAMYA FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, ALONG WITH WPC NO.11084/2006 AND CONNECTED CASES, THE COURT ON 08/04/2009 DELIVERED THE FOLLOWING: WP(C).No. 16379 of 2008(Y) APPENDIX PETITIONERS' EXHIBITS: EXT.P1. TRUE COPY OF THE ORDER NO.B1/1370/06 DTD. 27-2-2006 ISSUED BY R4. EXT.P2. TRUE COPY OF THE CIRCULAR DATED 3-3-2008 ISSUED BY R2. EXT.P3. TRUE COPY OF THE ORDER DATED 13-5-2008 ISSUED BY THE GOVERNMENT. RESPONDENTS' EXHIBITS: EXT.R1(a) COPY OF THE GOVERNMENT D.O.NO.9826/G3/08/G.EDN. DATED 3-5-2008 SUBMITTED BY THE DEPUTY SECRETARY TO THE ADVOCATE GENERAL. EXT.R1(b) COPY OF THE GOVERNMENT ORDER DATED 20-10-2006. EXT.R1(c) COPY OF THE JUDGMENT DATED 6-3-2007 IN W.P(C)33341/2006 OF THE HON'BLE COURT. EXT.R1(d) COPY OF THE G.O.(Rt)NO.1338/07 G.EDN. DATED 23-3-2007. EXT.R1(e) COPY OF THE G.O(RT)2282/07 DATED 25-5-2007 EXT.R1(f) COPY OF THE G.O(MS)NO.82/88/G.EDN. DATED 15-4-1988 EXT.R1(g) COPY OF THE JUDGMENT DATED 13-11-2007 IN W.A.NO.2537/2007 EXT.R1(h) COPY OF THE INTERIM ORDER IN 18939/07 OF THE HIGH COURT. EXT.R1(i) COPY OF THE ORDER IN W.P(C)NO.6625/08 OF THE HIGH COURT. EXT.R1(j) COPY OF THE JUDGMENT IN W.P(C)NO.3939/2008 AND CONNECTED CASES OF THE HIGH COURT. EXT.R1(k) COPY OF THE JUDGMENT IN WRIT APPEAL NO.401/2008 OF THE HON'BLE HIGH COURT OF KERALA. EXT.R1(l) COPY OF LTHE INTERIM ORDER DATED 27-2-08 IN W.P(C)NO.19458/07. / TRUE COPY / P.S.TO JUDGE K.T.SANKARAN, J. ----------------------------------------------------------------- W.P.(C) NOS.16379 OF 2008, 11084 & 15004 of 2006, 18939 & 19690 of 2007, 3181, 17299, 17321, 17369, 17604, 17737, 17917, 17933, 18091, 18094, 18100, 18105, 18192, 18394, 18790, 18850, 18994, 19278, 19287, 19459, 20587, 20624, 21874, 21956, 21959, 22152, 22500, 22716, 22979, 26024 & 26609 of 2008. ------------------------------------------------------------------- Dated this the 8th April, 2009 JUDGMENT These Writ Petitions are filed by the Managers, Parent Teachers' Associations, teaching and non-teaching staff and some of the students of unrecognized schools functioning in the State, challenging the Government Order, G.O.(Rt)No.2164/2008/General Education dated 13.5.2008 issued under Rule 3 of Chapter I of the Kerala Education Rules (hereinafter referred to as 'KER') relaxing certain conditions in Rule 8 of Chapter VI of the said Rules. 2. To comprehend the nature and scope of the contentions raised by the Writ Petitioners, it is apposite to extract Rules 7 and 8 of Chapter VI of the Kerala Education Rules, which read as under: W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 2 :: “Chapter VI Rule 7. Admission of Private Study pupils:-(1) A pupil who has not attended any school may be admitted as a private study pupil in accordance with rule 8. (2) A pupil who has attended a school and left off and has been away from such school for at least one year may also be admitted as a private study pupil. But he will be permitted to sit for an examination as contemplated in Rule 8, only of a class one lower than the one which he would have been eligible to take had he continued on the rolls without interruption. (3) No private study pupil shall be admitted to any Standard higher than Standard V. Chapter VI Rule 8. (1) Private study pupils seeking admission to a particular Standard in any school shall be required to sit for the annual examination in that school for the Standard immediately below during the previous year along with other pupils; and those who pass in the examination according to the basis of promotion adopted in the school may be admitted as private study pupils to the concerned standard on the reopening day. Private study pupils intending to sit for the annual examination for a particular Standard may be allowed, without payment of any tuition fee but on payment of the special examination fee prescribed in sub-rule (3), to join that Standard one month prior to the annual examination; but such pupils shall not be deemed to be on the rolls of the school. (2) Private study pupils seeking admission to standard V in a school which does not contain Standard IV, shall be allowed to sit for the annual examination for Standard IV in any school and may be admitted on production of a certificate from the Headmaster of the latter school. (3) Every private study pupil who intends to sit for the annual examination of Standards IV shall remit into the Treasury a special examination fee of Rs.10 and produce the chalan receipt before he is allowed to join the Standard IV, as the case may be – vide sub-rule (1). W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 3 :: Provided that the pupils belonging to any Scheduled Tribes studying in the schools under the Department of Tribal Welfare shall be allowed to sit for the annual examination of Standards IV, without payment of any Special Examination fee. (4) The Question papers, answer papers, and other records relating to the examination of private study pupils shall be preserved in separate bundles till the next annual inspection. (5) A candidate who has completed 17 years of age may be permitted to sit for the annual examination of Standard VII in any High School along with the other pupils on remitting a fee of Rs.10 into Government Treasury. Along with the Treasury Receipt he should submit a declaration duly attested by the Headmaster of that school to the effect that the candidate is aware that he will not be admitted to the higher class in any school even if he comes out successful in the examination. A successful private candidate may be issued a certificate in the form given below by the Headmaster of the School, after the promotion is got approved by the Controlling Officers. CERTIFICATE This is to certify that (name of candidate in block letters, full address and father's name) born on ................... has been examined in the annual examination Standard VII in March ....... in this school and that he/she came out successful in the above examination. Under the provisions of rule 8(5) of Chapter VI of Kerala Education Rules he/she is not eligible for admission to higher class. Headmaster Signature of candidate Countersigned District Educational Officer.” W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 4 :: 3. Chapter I Rule 3 of the Kerala Education Rules reads as follows: “3. Where the Government are satisfied that the operation of any rule under these Rules causes undue hardship in any particular case, the Government may dispense with or relax the requirements of that rule to such extent and subject to such conditions as they may consider necessary for dealing with the case in a just and equitable manner.” 4. By the Government Order under challenge, certain relaxations were made in favour of the students studying in unrecognized schools enabling them to continue their studies in the mainstream. In the Government Order, reference is made to the judgment of this Court in W.P.(C) No.33341 of 2006 and connected cases (produced by the first respondent as Ext.R1(c)), as per which, on the basis of the assurance and undertaking given by the managements of unrecognized schools and the affidavit filed undertaking that private study in the schools of the Confederation of Private Study Schools Association will be confined up to and inclusive of Standard V from academic year 2007-08, this Court granted relief to the petitioners therein to some extent allowing them to conduct examinations up to Standard VI in their own schools and to issue transfer certificates, on their making appropriate application to the Deputy Director of Education. The Government Order also refers to the representations received from the parents of students requesting to allow the unrecognized schools to conduct examinations in 2007-08 also. W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 5 :: Considering the representations, the Government Order dated 13.5.2008 was issued. It is provided in the Government Order thus: (A true English translation) “1. The Headmasters of the respective Government/Aided/Government Recognised Schools are authorized to conduct qualifying examination for promotion from a lower standard to the next higher standard, subject to the restrictions regarding age etc., for the students of the schools not recognised by the Government to continue their studies upto the 10th standard in Schools recognised by the Government. If such lower standard does not exist in the school one intends to continue the studies, the examination can be conducted in other recognised schools having that standard. The students can be admitted without T.C to the higher classes on production of certificate showing eligibility for promotion from the School which conducted the examination. 2. The Headmasters of the respective Government/Aided/Recognised Schools are authorized to conduct the qualifying examination as detailed in the above paragraph, if the students of the IVth standard and below of the unrecognised schools wish to continue their studies in the higher standards in Schools recognised by the Government. 3. The score of the continuing evaluation (CE) need not be considered for the promotion of these students. Only the scores obtained in the written examination in the various subjects need be considered. 4. The Headmasters shall collect the name and address of the unrecognised schools where the students are admitted as such in the academic year 2007-08 and submit the same to the Deputy Director of Education through A.E.O/D.E.O. The Deputy Directors of Educations shall collect the details of this and forward the same to the Director of Public Instructions before the 30th of June. The D.P.I shall forward the list to the government before the 15th to ponder over the legal proceedings to be initiated against such schools. W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 6 :: 5. Those who wish to continue their studies in the schools recognised by the Government during the academic year 2008-09 shall submit application to the Headmasters of the Government/Aided/Recognised schools before 22/5/2008 and the Headmasters shall conduct the qualifying examination in various subjects with the assistance of his teachers, declare the results of the examination before 30/5/2008, and shall admit the eligible students without T.C on or before 5/6/2008. After 5/6/2008, no permission for admission of such students shall be granted. 6. All the procedures normally applicable for the admission of students to schools, except in the case of T.C, shall be adhered to by the Headmasters. The admission of students in relaxation of the existing rules shall be applicable for the academic year 2008-09 only. This will not be permitted in future.” 5. The contentions raised by the petitioners, inter alia, are the following: The Government Order dated 13.5.2008, which would have the effect of stoppage of running of private unaided and unrecognized schools in the State of Kerala, is violative of the fundamental rights of the petitioners who are Managers of schools, teachers and guardians of pupils studying in the schools. The action taken by the Government is hasty, drastic and wholly unconstitutional. The Government Order was issued under pressure from some teachers' organisations like the Kerala State Teachers' Association, aimed at preventing the loss of strength of pupils in the Government schools and aided schools. The teachers' organisations fear that due to reduction of student strength, there will be consequent reduction of staff strength and loss of job opportunities for W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 7 :: teachers. The Government Order is illegal and beyond the jurisdiction of the Government. It would infringe the fundamental right of the petitioners to run the schools and of the students to get good education in the schools. Right to education is a part of the fundamental rights of a citizen and the right to impart education is also part of such fundamental rights. The right to education includes the right to get excellent education. The ultimate object should be to provide better education in the State and the Government Order in question would be contrary to such an object. The Government have no power to close down private educational institutions, violating the fundamental rights guaranteed by the Constitution. Article 21A of the Constitution creates an obligation on the Government to provide free and compulsory education to all the children of the age of 6 to 14 years. The State has failed to perform the said duty and that vacuum is filled up to a large extent by non-governmental organisations and private managements by establishing schools for imparting quality education. The educational needs of the younger generation, particularly the Scheduled Castes/Scheduled Tribes and the poor and down trodden were not taken note of and protected by the Government. The demand of Grama Panchayats and the parents to establish sufficient number of schools in the State was not properly considered by the Government. Rule 3 of Chapter I of the Kerala Education Rules cannot be invoked to issue the Government Order in question. It is also pointed out that some W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 8 :: of the schools are imparting education in English Medium and they follow the syllabus prescribed by the Central Board of Secondary Education. Their intention is to get the schools affiliated to the Central Board of Secondary Education. The Government Order in question would affect the running of such schools as well. The Government is well aware of the existence of unrecognized schools for the past several years. Instructions and directions were being issued from time to time for the conduct of examinations and to issue Transfer Certificates to the students studying in such schools. If the Government Order is implemented, it would result in chaos and confusion. It would cause fear in the mind of students who are pursuing their education in private unrecognized schools. It would result in a feeling of insecurity in the students and their parents and it would affect the educational prospects of the students. 6. Apart from challenging the Government Order dated 13.5.2008, some of the writ petitioners have prayed for directing the Government to grant recognition to the schools run by them. In one of the Writ Petitions, there is also a prayer for issuing a direction to the State to hold public discussions and seminars on the proposed change and to arrive at a decision without causing interruption to the practice hitherto followed. In some of the Writ Petitions, there is also a prayer to permit the petitioners to continue to run the unrecognized schools and to declare that they are W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 9 :: entitled to conduct annual examinations and issue transfer certificates. 7. It is stated in the counter affidavit filed by the first respondent that as per the direction issued by this Court in a Writ Petition, data were collected as to the number of unrecognized schools functioning in the State. In the counter affidavit it is stated thus: “The data available with the Director of Public Instruction in respect of unrecognized schools in 14 districts up to IV th standard are 1747 and at the Standard VII are 133. At VI th standard there are 747 unrecognized Schools.” 8. As per G.O.(Rt)No.3691/06/G.Edn. dated 19.8.2006, Government constituted a High Level Committee for recommending the principles and guidelines to be followed in sanctioning new schools, upgrading and recognising existing schools and for giving NOC for CBSE/ICSE affiliated institutions. A copy of the Government Order and the recommendation of the High Level Committee were made available by the learned Advocate General. In Chapter II of the final draft recommentations, under the heading “Present Educational Scenario of Kerala – An Overview”, the following details are furnished. W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 10 :: --------------------------------------------------------------------------------------------------- 1961- 1971- 1981- 1991- 2001- 2005- 62 72 82 92 02 06 --------------------------------------------------------------------------------------------------- High Schools Government 276 442 893 961 986 996 --------------------------------------------------------------------------------------------------- High Schools Aided 642 897 1123 1380 1415 1428 --------------------------------------------------------------------------------------------------- High Schools Unaided 11 54 64 111 217 366 --------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- UP Schools Government 576 811 882 960 960 954 --------------------------------------------------------------------------------------------------- UP Schools Aided 1407 1723 1865 1883 1874 1870 --------------------------------------------------------------------------------------------------- UP Schools Unaided 2 17 18 72 125 213 --------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- LP Schools Government 2835 2823 2657 2565 2565 2548 --------------------------------------------------------------------------------------------------- LP Schools Aided 3901 4014 4101 4068 4031 3992 --------------------------------------------------------------------------------------------------- LP Schools Unaided 9 49 49 134 158 277 --------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- Government Total 3687 4076 4432 4486 4511 4498 --------------------------------------------------------------------------------------------------- Aided Total 5950 6634 7089 7331 7320 7290 --------------------------------------------------------------------------------------------------- Unaided Total 22 120 131 317 500 856 --------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- Grand Total 9659 10830 11652 12134 12331 12644 --------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- High Schools 929 1393 2080 2452 2618 2790 --------------------------------------------------------------------------------------------------- UP Schools 1985 2551 2765 2915 2959 3037 --------------------------------------------------------------------------------------------------- LP Schools 6745 6886 6807 6767 6754 6817 --------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------- W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 11 :: Apart from the above formal and recognized schools, there are a few unrecognized schools also operating in the sector upto the upper primary level. The details are as follows: --------------------------------------------------------------------------------------------------- No. of unrecognized schools Total -------------------------------------------- No. of Sl. District Primary Upper Primary schools No. Stage stage --------------------------------------------------------------------------------------------------- 1. Thiruvananthapuram 131 72 203 --------------------------------------------------------------------------------------------------- 2. Kollam 12 24 36 --------------------------------------------------------------------------------------------------- 3. Pathanamthitta 54 12 66 --------------------------------------------------------------------------------------------------- 4. Alappuzha 92 36 128 --------------------------------------------------------------------------------------------------- 5. Kottayam 57 22 79 --------------------------------------------------------------------------------------------------- 6. Idukki 73 19 92 --------------------------------------------------------------------------------------------------- 7. Ernakulam 48 10 58 --------------------------------------------------------------------------------------------------- 8. Thrissur 50 20 70 --------------------------------------------------------------------------------------------------- 9. Palakkad 110 56 166 --------------------------------------------------------------------------------------------------- 10. Malappuram 103 54 157 --------------------------------------------------------------------------------------------------- 11. Kozhikode 74 19 93 --------------------------------------------------------------------------------------------------- 12. Wayanad 40 19 59 --------------------------------------------------------------------------------------------------- 13. Kannur 36 13 49 --------------------------------------------------------------------------------------------------- 14. Kasargode 47 25 72 --------------------------------------------------------------------------------------------------- Total 927 401 1328 --------------------------------------------------------------------------------------------------- W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 12 :: If we add the total number of unauthorized schools which is 1328 to the approved schools in our state which is 12644, the grand total of the number of schools in our state comes to 13972. In other words the percentage of unauthorized schools to the total no. of schools in our State work out to 9.50%. With a total enrollment of nearly 118089 in the primary sector, 25507 in upper primary section this segment of unauthorized schools is fast becoming an area of concern and guidelines for arresting an unbridled growth in this area needs to be immediately formulated. Further a pragmatic assessment of unauthorised schools functioning in our state undercores the fact that they are more in number than that is officially computed by the education department. They may be at least 20% of the total no. of schools in our state i.e., around 2500s. Why parents in increasing numbers are opting for such schools outside the public educational system electing to pay fees and choosing mostly less paid, less qualified and less trained teachers calls for serious thought on the part of educationists and government.” 9. From the counter affidavit of the first respondent and the Exhibits produced therewith, the following facts are revealed: In the year 1988, the Government took note of the functioning of a large number of private unaided and unrecognized schools in the State unauthorisedly and the so called unscrupulous methods adopted by them in the matter of collection of donation for admission, capitation fee, building fund, development fund, deposit fund, apart from exorbitant fee from the pupils. The Government thought that the commercialisation of education was not conducive in the matter of maintenance of educational status and discipline. Accordingly, G.O.(Ms)No.82/88/G.Edn. dated 15.4.1988 (Ext.R1(f)) was issued. Paragraph 3 of the said Government Order reads as follows: W.P.(C) NO.16379 OF 2008 AND CONNECTED CASES :: 13 :: “3. Government therefore order that:- (i) No School shall be established and run in the Private Sector without the previous sanction of Government. (ii) Establishment and running of schools without previous sanction of Government will constitute violation of law and penal offence amounting to cheating also. (iii) All such institutions with standards I to IV viz., unaided and unrecognised private schools functioning as on this date shall be registered with the District Educational Officer concerned, in the same manner as they