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2015 Supreme(Ker) 508

A.K.JAYASANKARAN NAMBIAR
A. A. PADMANABHAN MANAGER OF PMLP SCHOOL, KIRALUR (CLOSED DOWN) – Appellant
Versus
DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. PAUL MATHEW (PERUMPILLIL), SRI. PRASUN.S.
For the Respondent: GOVERNMENT PLEADER SMT.SUNITHA VINOD, SRI. ALIAS M. CHERIAN.

JUDGMENT

In both these writ petitions, the common issue that arises for consideration is whether the Manager of an aided L.P School that is duly recognised in terms of the Kerala Education Act and Rules has the right to close down the School in terms of Section 7 of the Kerala Education Act and Rules, and further, whether the provisions of the recently enacted Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the RTE Act') and the Rules framed thereunder would affect this right that accrues to the Manager under the Kerala Education Act and Rules.

2. W.P.(C).No.12873 of 2015 is filed by the Manager of an aided L.P.School, who has complied with the provisions of Section 7 of the Kerala Education Act, and therefore, as per the decisions of this Court, is entitled in terms of the Kerala Education Act and Rules to close down the School without obtaining any permission from the education authorities. In the writ petition, the petitioner Manager seeks a direction to the education authorities to receive the records of the School from him to complete the process of closing down the School. W.P.(C).No.12205 of 2015, on the other hand is filed by the Head




















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