A.A. Padmanbhan vs The State Of Kerala

3. The facts and issues raised in these appeals being similar, reference of facts and pleadings in Civil Appeal arising out of Special Leave Petition (C) No. 24386 of 2017 shall suffice for deciding all these appeals.

4. The appellant had been running P.M.L.P. School, Kiralur, District of Thrissur in the State of Kerala, which was also an aided institution. The appellant with intention to close down the school gave a notice as required by Section 7(6) of the Kerala Education Act, 1958 (hereinafter referred to as “the Act”). The Education Authorities did not permit the appellant to close the institution, which led to filing of writ petition by the appellant being W.P. (C) No. 12873 of 2015. W. P. (C) No. 12205 of 2015 was filed by the Headmistress incharge of the Aided P.M.L.P. School and the President of the Parent Teachers Association as also the President of the School 3 Samrakshanasamiti of the said school impugning the steps taken by the manager of the aided school to close the aided school. A direction was also prayed to the State Government to take over the school. The Writ Petition was allowed by learned Single Judge holding that appellant was entitled to close down the school in accordance with the provisions of the Act and Kerala Education Rules, 1959 (hereinafter referred to as “the Rules”). Writ Appeals against the said judgment were dismissed by the Division Bench on 22.07.2015, however, in Writ Appeal filed by the Headmistress & others, a direction was issued by the Division Bench directing the respondents to consider their representations by which it was prayed that school be taken over and run by the State Government. The above order was questioned by the State of Kerala by filing Special Leave Petition Nos. 27822-27827 of 2015. The Special Leave Petitions were dismissed on 05.10.2015 by following order:-

5. The State Authorities did not take necessary steps to close the institutions, hence the appellant filed a contempt application being Contempt Case (C) No. 1045 of 2015, in which contempt application, learned Government Pleader made submission that the procedural formalities in connection with the closing of the school have been complied with. Taking note of which statement, the contempt case was closed down on 16.06.2016.

6. Before the aforesaid date, the Chief Minister of the State took a decision on 07.06.2016 to take over the institution of the appellant alongwith other three institutions in exercise of power under Section 15 of the Act. The decision of the Chief Minister taken on 07.06.2016 was endorsed by the Council of the Ministers on 29.06.2016. Kerala Legislative Assembly, unanimously passed the resolution dated 18.07.2016 to take over the four schools under sub-section (1) of Section 15 of the Act. A Notification dated 27.07.2016 was issued as contemplated under Section 15(1). A further Notification dated 03.08.2016 was issued modifying the earlier Notification dated 27.07.2016 to the extent that the schools shall vest in Government absolutely from the date of fixation of compensation. The appellant aggrieved by Notification dated 27.07.2016 filed a writ 5 petition being Writ Petition (C) No. 25790 of 2016 questioning the Notification dated 27.07.2016 as well as the Notification dated 03.08.2016. Prayer for striking down Section 15 of the Act as well as declaring Rules 6, 7 and 8 of the Rules, 1959 as repugnant was also made. However, the prayer for challenging the provision of the Act and the Rules does not appear to have been pressed. In the writ petition, counter affidavit was filed where it was stated that a decision was taken on 07.06.2016 to take over the institution by the State Government, which was before the actual closure of the institution. A resolution has been passed by Kerala Legislative Assembly approving the proposal; Notification has rightly been issued. Other three writ petitions were heard alongwith connected writ petitions, which were filed by other appellants in this group of appeals. All the writ petitions were dismissed by learned Single Judge vide its judgment and order dated 23.11.2016. Aggrieved against the judgment dated 23.11.2016, appellant filed Writ Appeal No. 2360 of 2016, wherein it was contended that although the submission of the appellant was made that on the date when the State Government took over the schools under Section 15 of the Act, the closure of the schools had already been effected but the said submission has not been correctly understood by the learned Single Judge. The Division Bench dismissed all the appeals on 6 09.12.2016 giving liberty to the appellants to apply for review of the judgment of learned Single Judge. Against the judgment dated 09.12.2016, Special Leave Petition was also filed by the appellant in this Court, which Special Leave Petition was withdrawn by the appellant. Appellant filed a Review Petition before learned Single Judge for review of judgment dated 23.11.2016, which Review Petition has been dismissed by judgment and order dated 20.12.2016 of learned Single Judge. Challenging the order dated 23.11.2016 as well as the order dated 20.12.2016 passed on the review petition, writ appeals have been filed before the Division Bench. The writ appeals have been dismissed by the Division Bench vide its judgment dated 01.08.2017, which judgment has been questioned before us in these appeals.

23. There is one more reason due to which the decision taken by the State Government as approved by the Legislative Assembly and notified in the Gazette needs no interference. The reason is that all the institutions, which have been taken over were the institutions providing primary education. Under Article 21(A) of the Constitution of India as well as under

(ii)A.U.P. School, Palat, Kozhikode -

Rs.56,09,947/- as per G.O.(Rt)No. 2289/2017/Gedn dated 11.07.2017 & G.O.(Rt)No.6047/2017/Fin dated 31.07.2017.

(iii)P.M.L.P. School, Kiraloor, Thrissur Rs.79,54,550/- as per G.O.(Rt)No. 2289/2017/Gedn dated 34 11.07.2017 & G.O. (Rt) No. 6047/2017/Fin dated 31.07.2017.