IMPORTANT POINTS
Satisfaction of State Government is the satisfaction of an authority competent to take a decision under the Rules of Business.
Taking over primary schools decided to be closed by respective managements is in public interest.
Power of State u/s 15, Kerala Education Act, 1958 is distinct from power of State under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
If two legislations pertain to different subject matters, incidental encroachment in respect of small area of operation does not make one legislation override the other.

Headnote:(a) Kerala Education Act, 1958 – Section 15(1) – Closure of aided school – Satisfaction of State Government – Satisfaction of an authority competent to take a decision under the Rules of Business – Decision by Chief Minister constitutes such satisfaction – School cannot be said to close down on date of decision by Chief Minister – Closure effected after resolution of Legislative Assembly and consequent notification – However, on approval of Legislative Assembly, date of closure will relate back to date of decision of Chief Minister – No violation of section 15. (Para 20, 21, 22)
       (1974) 2 SCC 831; (1970) 1 SCC 443 – Relied upon
       (b) Constitution of India – Article 21(1) r/w Right of Children to Free and Compulsory Education Act, 2009 – State obliged to provide education to children upto 14 years of age seeking Primary (Upper Primary and Lower Primary) education – Taking over primary schools decided to be closed by respective managements, held, in public interest. (Para 23)
       (c) Interpretation of statute – Power of State u/s 15, Kerala Education Act, 1958 – Distinct from power of State under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (Para 28)
       (d) Interpretation of statute – Repugnancy – Article 254, Constitution of India – Pith and substance – Kerala Education Act, 1958 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Pertain to different subject matters – Incidental encroachment in respect of small area of operation does not make one legislation override the other. (Para 35, 38)
       AIR 1959 SC 648; (2012) 7 SCC 106; (1994) 3 SCC 569; AIR 1957 SC 297; (2002) 8 SCC 228 – Relied upon
       (2015) 14 SCC 327 – Distinguished
       Facts of the case:
       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. The Education Authorities did not permit the appellant to close the institution, which led to filing of writ petition by the appellant. W. P. (C) was also 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 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 Single Judge.
       Writ Appeals against the said judgment were dismissed by the Division Bench. However, the respondents were directed to consider their representations by which it was prayed that school be taken over and run by the State Government.
       The State Authorities did not take necessary steps to close the institutions, hence the appellant filed a contempt application. However before the contempt petition was closed down the Chief Minister of the State took a decision to take over the institution of the appellant alongwith other three institutions. The decision of the Chief Minister was endorsed by the Council of the Ministers. Kerala Legislative Assembly unanimously passed the resolution to take over the four schools. A Notification was issued.
       The appellant filed a writ petition being Writ Petition (C) questioning the Notification. All the writ petitions were dismissed by Single Judge.
       Appellant filed Writ Appeal which were dismissed giving liberty to the appellants to apply for review of the judgment of the Single Judge. Appellant filed a Review Petition which has been dismissed.
       Writ appeals have been dismissed by the Division Bench.
       Finding of the Court:
       There is no ground to interfere with the impugned judgments.
       Result: Appeals dismissed.

JUDGMENT

Ashok Bhushan, J.

Leave granted.

2. These three appeals have been filed by Ex-Managers of three private aided institutions questioning the common judgment of Kerala High Court dated 01.08.2017 by which judgment, the Division Bench of Kerala High Court while dismissing the writ appeals filed by the appellants have confirmed the judgment of learned Single Judge wherein the appellants have questioned the Notification issued by State of Kerala taking over the aided schools, which were managed by the appellants.

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 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:-

"The special leave petition is dismissed.
However, in the interest of the children in the respondent-school, Mr. V. Giri, learned senior counsel appearing for the respondent has fairly stated that the respondent-school will continue with them till the end of this academic year.
We make it clear that it would be the responsibility of the State to shift these children to another school from the next academic year."

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

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2018 Supreme(SC) 154

Cases Referred (7)