IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 13247 of 2010(E) -------------------------- PETITIONER: ------------------- MINI LAKSHMANAN,W/O.VINOD KARTHIK, MANAGER(1) AIDED JUNIOR BASIC SCHOOL,L.N.PURAM, PALAKKAD-5 & (2)C.M.M.JUNIOR BASIC SCHOOL, MURUKANI, PALAKKAD-5. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT.GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, KERALA THIRUVANANTHAPURAM. ADDL. R3 AND R4 ARE IMPLEADED -------------------------------------------------- ADDL.R3. AKHILESH KUMAR N., AGED 41, S/O.MANI, KALAPARAMBIL HOUSE, KALLIPARA, KOTTEKKAD POST, PALAKKAD DISTRICT. ADDL.R4. SELVAN, AGED 29 YEARS, S/O.THONIPALAYAM, AMBIKAPURAM PO, PALAKKAD. ADDLR3 & R4 ARE IMPLEADED AS PER ORDER IN IA.10259/2010 DT. 29.7.10 SUPPLEMENTAL RESPONDENTS 5 AND 6 IMPLEADED ----------------------------------------------------------------------------- SUPPLEMENTAL R5. DEPUTY DIRECTOR OF EDUCATION, CIVIL STTION, PALAKKAD. SUPPLEMENTAL R6. ASSISTANT EDUCATION OFFICER, CIVIL STATION, PALAKKAD. SUPPLEMENTAL RESPONDENTS 5 AND 6 ARE IMPLEADED AS PER RDER DT. 24.1.1. IN IA.912/11. R1, R2 , ADDL.R5 & R6 BY GOVERNMENT PLEADER SMT.NISHA BOSE ADDL. R3 & R4 BY ADV. SRI.K.C.ELDHO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, WITH WPC NO. 13248 OF 2010 WPC NO. 30865 OF 2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13247 of 2010(E) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE NOTICE DATED 2.2.2009 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P2. COPY OF THE ORDER NO.N.S.2/10313/09 DT.30. 3.2010 BY THE 2ND RESPONDENT. EXT.P3. COPY OF ORDER DATED 7.7.2010 EXT.P4. COPY OF NOTICE DT. 1.7.2010 RESPONDENT'S EXHIBITS ------------------------------------- EXT.R3(A). COPY OF THE COMMUNICATION DATED 4.5.2010 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. EXT.R3(B). COPY OF THE REQUEST OF THE PTA OF AJB SCHOOL, L.N. PURAM DATED 22.4.2010. EXT.R3(C). COPY OF THE REQUEST OF THE PTA OF CMM AJB SCHOOL, MURUKANI DATED 21.4.2010. EXT.R3(D). COPY OF THE JUDGMENT DT. 10.8.2010 IN WPC NO.23093 OF 2010 OF THIS HON'BLE COURT. EXT.R3(E). COPY OF THE COMPLAINT DATED NIL SUBMITTED BY THESE RESPONDENTS IN JULY 2010 BEFORE THE SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. EXT.R3(F). COPY OF THE MASS PETITION SUBMITTED BEFORE THE GOVERNEMNT DATED NIL SUBMITTED BY THESE RESPNDENTS. / TRUE COPY / P.A. TO JUDGE VK T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)Nos.13247/10-E, 13248/10-E & 30865/10-G -------------------------------------------------- DATED THIS THE 10th DAY OF AUGUST, 2011 J U D G M E N T All these Writ Petitions concern the affairs of three schools in Palakkad District. The Managers of respective schools are the petitioners in W.P.(C)Nos.13247/08 and 13248/10 and the Presidents of different Parent-Teacher Association are the petitioners in W.P.(C)No.30865/10. 2. In W.P.(C)No.13247/10 and W.P.(C)No.13248/10, petitioners are challenging the order passed by the Additional Director General of Education produced as Exhibit P2 in both the Writ Petitions whereby an application to close down the school under section 7(6) of the Kerala Education Act has been rejected. It was for the reason that the recommendations have been forwarded to the Government for taking over the schools. In W.P.(C)No.30865/10, filed by the Presidents of the Parent Teacher Association, they are challenging the constitutional validity of Section 7(6) of the Act in the light of the recently W.P.(C)Nos.13247,13248 & 30865/10 -2- promulgated Central Act(Right of Children to Free and Compulsory Education Act, 2009) and thereby the move to close down the schools. 3. Heard the learned counsel for the petitioners and the learned Government Pleader. 4. The schools involved are Junior Basic School, L.N.Puram, C.M.M.Junior Basic School, Murukani and P.A.M.M.U.P.School, Palakkad. 5. It is the case of the Manager that the Director of Public instruction acted in violation of the provisions of the Act in rejecting the application. 6. A reading of the order passed by the Additional Director of Public Instruction shows that after referring to the demands of the local Panchayat as well as the organisation like the Parent Teacher Association and after considering the fact that the schools are situated in a backward area, a recommendation has been forwarded to the Government for taking over the schools. Therefore the Additional Director of Public Instruction was of the view that a final decision will have to be taken by the Government in the matter and hence at this stage he is unable to W.P.(C)Nos.13247,13248 & 30865/10 -3- take a decision. Finally, the Managers are directed to continue the functioning of the schools awaiting the decision to be taken by the Government in the matter. 7. The learned counsel appearing for the Parent Teacher Association submitted that in the light of the new Central Act, provisions of section 7(6) of the Act will be unconstitutional. The learned counsel for the Manager submitted that the order cannot be supported. I am not going into the contentions raised by the respective parties, since it is evident from the order passed by the Additional Director itself that the entire matter was placed for the decision of the Government itself. Of course, whether the schools can be taken over or not is a matter for the Government to decide, since various aspects will have to be considered. So far no final decision has been taken, evidently because of the pendency of these Writ Petitions. Therefore, it is only proper that the Government takes a decision after hearing all the parties. The Writ Petitions are disposed of with a direction to the Government to pass appropriate orders in the matter after hearing all the parties, namely, petitioners herein in all the Writ Petitions, and any other parties which the Government wishes to W.P.(C)Nos.13247,13248 & 30865/10 -4- hear. Appropriate orders will be passed within a period of three months from today. All the legal contentions raised by the parties are left open. No costs. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn