2005 Supreme(Ker) 683
Judges : RAJEEV GUPTA,S.SIRI JAGAN
Kamaladevi M.R., Manager - Appellant
Versus
Gopalakrishnan - Respondent
Case No : WA.No.481 of 2003
Decided On : 11/22/2005
Advocates Appeared :
For the Appellant: V.P. Seemandini, Advocate. For the Respondents: C. Rajendran, M.K. Chandra Mohandas, S. Santhosh Kumar, R4, Rajit for Addl. Advocates.
Headnote:
Kerala Education Act 1958 - Sections. 5B & 6 - Appellant is the manager of an aided U.P.School. She is challenging the judgment of the learned Single Judge in O.P.No.35376/2000.(Editor's Note : The appellant was not a party to the said Original Petition. However, aggrieved by the general directions in the said judgment, which resulted in the educational authorities issuing consequential directions to the disadvantage of the appellant in the form of Annexures A3 to A5, the appellant has come up in appeal on obtaining leave of this court for the same. Held, When these advertisements appear by the sides of the roads, the moral rights and wrongs of such advertisements may not have much impact in their mind. But when it appears in their own school compounds there would be a stamp of authority on such advertisements and therefore they are sure to gather the impression that if it is allowed to be displayed in their own school, it can only be morally right since the authorities would permit only right things inside the school. In fact the Kerala Education Act and Rules contain other provisions also intended at prevention of influences which may be detrimental to the mental development of the children, which provisions relate to the use of the school properties themselves. These provisions would make it abundantly clear that despite the property rights of the manager or the educational agency over the school properties, the Kerala Education Act and Rules do put restrictions over the use of the school property, overriding the other laws relating to property rights in the interests of the well being of the children. Therefore, it is clear that property rights of owner of the school are only subservient to the welfare of the students and therefore the welfare of the children statutorily overrides such rights. This is further fortified by the non-obstante clause with which Section 6 starts namely, 'Notwithstanding anything to the contrary contained in any law for the time being in force - This is with a view to developing the minds of the children in healthy surroundings and atmosphere so that they would grow up as better citizens who are to decide the fate of the country in the not so far off future. This laudable object cannot be fettered by the avaricious desire of the manager to make some fast and easy money by permitting use of the school property for putting up hoardings, for advertisements which might harm the mind of the children - Court do not find any merit in the Writ Appeal and accordingly the same is dismissed
Siri Jagan, J.
The appellant is the manager of an aided U.P. School. She is challenging the judgment of the learned Single Judge in O.P.No.35376/2000. The appellant was not a party to the said original petition. However, aggrieved by the general directions in the said judgment, which resulted in the educational authorities issuing consequential directions to the disadvantage of the appellant in the form of Annexures A3 to A5, the appellant has come up in appeal on obtaining of this court for the same. The facts necessary for disposal of the writ appeal are summarized hereunder
2. The original petition, which was disposed of along with a connected O.P.No.4010/2002, the common judgment in which is impugned in this appeal was filed by the President of the Parent Teacher’s Association of Government Girls High School, Kollam, the 1st respondent herein, complaining about the advertisement hoarding erected by the second respondent in the original petition inside the school compound of Government Girls H.S., Kollam. The petitioner therein sought quashing of Ext.P1 permission granted by the Corporation of Kollam to the 2nd respondent to erect a hoarding for the purpose of displaying advertisements inside the said School compound. The learned Single Judge, after analyzing Section 5B of the Kerala Education Act, 1958 as also the Rules under Chapter IV of the Kerala Education Rules, came to the conclusion that the erection of hoardings inside school compounds violates Section 5B of the Kerala Education Act, 1958. Thereafter the learned Single Judge went on to consider the similar provision in Section 6 of the Act applicable to aided schools. After construing Section 6, the learned Single Judge entered a finding that erection of hoarding for display of advertisements inside the premises of an aided school comes within the ambit of Section 6 of the Act. On a general finding that permission to put up such hoardings inside school compounds other than for educational purposes would injure the well-being of the children studying in the schools, the learned Single Judge issued directions both to the Secretaries of the local bodies vested with powers under Section 209A of the Kerala Panchayat Raj Act, 1994 and Section 272(1) of the Kerala Municipality Act, 1994, to take appropriate action to see whether advertisement at the premises of educational institutions have been erected with due permission and to take action for removal of those advertisements from the premises of the educational institutions in case the same are place or exhibited without permission. The learned Single Judge further directed the Secretary to the Government, General Education Department to issue appropriate instructions to the educational officers to see that the premises of a school in the private sector is not used for any purpose other than educational purpose. The Chief Secretary to the Government was also directed to take appropriate steps in the light of the judgment in the case of all other educational institutions in the State and see that the premises of the institutions are used only for educational purposes. It is aggrieved by such general directions that the appellant has approached this court, after obtaining leave to appeal, challenging the said judgment, in so far as it affects her rights to put up or to permit others to put up hoardings inside the school compound owned by her.
3. We have heard learned counsel for the appellant and the learned counsel for the 1st respondent the petitioner in the original petition.
4. The contention of the learned counsel for the 1st respondent is that the appellant has obtained necessary permission from the Guruvayur Municipality as stipulated under section 272(1) of the Kerala Municipality Act, 1994, for putting up the said hoarding. Therefore, notwithstanding Section 6 of the Kerala Education Act, the general directions issued by the learned Single Judge pursuant to which the educational authorities have issued An