Mons Sana in Corpore Sano' is a famous saying in Latin - a healthy mind is in a healthy mind is in a healthy body. A healthy mind of a child is developed in a healthy atmosphere of an educational institution. It is necessary to bear in mind this piece of wisdom while tackling the question raised in the original petitions. The impact of hoarding and advertisement boards at the school premises is the issue of general importance. though raised in an individual case, that arise for consideration in these original petition. The original petitions are at the instance of the Parent Teachers Association and the Headmistresses of a Government Girls School respectively. The facts are simple. The second respondent in O.P.No.35376 of 2000 is the 4th respondent in O.P. No 4010 of 2002. Hereinafter referred to as the advertising agency. It is the case of the said agency that he was permitted by the parent Teacher Association for installing and exhibiting three hoardings are the premises of the school on payment of an amount of Rs. 8,000/- However, the said amount was returned to the agency directing the remittance before the competent local authority. The Corporation of Kollam granted Ext. P1 permission dated 12.10.2000 subject to certain conditions. It was clearly stipulated in Ext. P1 that thee shall not be any obstruction, the ground rent was Rs. 8000/- and that the same was for a period of one year from 1.10.2000. The agency maintains that having spent huge amounts for the installation of the hoardings, as is the practice it is entitled to have the licence renewed at least for two more years.

2. It is significant in this context to note that the educational authorities had serious objection in the matter. the District Educational authorities had serious objection in the matter. The District Educational Officer had even directed the Headmistress to remove the boards from he compound and hence the Headmistress prayed for police assistance. The Corporation of Kollam has taken a stand that in view of the serous objection on the part of the educational authorities, they have decided not to renew the licence.

3. On the introduction of Act 16/2000, the management of Government Schools was handed over to the local authorities. The Government Model Girls High School, Kollam is now managed by the Corporation of Kollam. The new provision under Section 5B of the Kerala Education Act 1958 reads as follows:-

"5B Restriction : On alienation of property of Government Schools:- Notwithstanding anything contained in any law for the time being in force or in any decree. judgment or order of any court no sale, mortgage, lease, pledge, charge or transfer of possession of any land appurtenant to a Government School vested with a local authority under section 5A shall be made and such land shall not be used for any purchase other than educational purpose.

It is fruitful to refer to a few provisions in the Kerala Education Rules so as to have a general idea as to how the law making authority has dealt with this issue. Chapter IV Rule 4 deals with the distance of a school from a burial place or a cremation ground. Sub - rule 8(2) of the said Rule deals with distance from liquor shops. Rule 8(2) of the said Chapter provides that:

"School buildings and grounds shall be maintained in good repair and kept clean and tidy. Scribbling on the walls, doors and windows, and furniture or otherwise defacing them shall be prevented."

(emphasis supplied)

The very fact that legislature has taken note of the Certain safeguards regarding the location of school and use of the school premises indicates the seriousness of the issue. As noted above Section 5B provides that there shall not be any Use of the land of the school other than for educational purposes. Therefore, there shall not be any hoarding or an advertisement at the premises of a school to be specific, either within the compound or on the compound wall of a school which will not serve an educational purpose. Th