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2016 Supreme(Ker) 625

A.K.JAYASANKARAN NAMBIAR
A. A. PADMANABHAN – Appellant
Versus
STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM – Respondent


Advocates Appeared:
For the Petitioner: SRI. PAUL MATHEW (PERUMPILLIL), SRI. PRASUN S.
For the Respondents:ADVOCATE GENERAL SRI. SUDHAKARA PRASAD, GOVERNMENT PLEADER SMT. NISHA BOSE.

JUDGMENT :

As all these cases involve a common issue, they are taken up together for consideration and disposed by this common judgment. The challenge in these writ petitions is against a resolution dated 18.07.2016 passed by the Kerala Legislative Assembly, and the consequent Notification dated 27.07.2016 issued by the State Government, directing the vesting of certain private aided schools, absolutely, in the State Government.

2. The brief facts necessary for a disposal of these writ petitions are as follows:

The petitioners in these writ petitions are the erstwhile Managers of Aided private schools that were functioning in the State. The functioning of the schools was regulated by the provisions of the Kerala Education Act and Rules [hereinafter referred to as the "KE Act and Rules"]. The said Managers had, prior to the introduction of the Right to Children to Free and Compulsory Education Act, 2009, [hereinafter referred to as the 'RTE Act'], intimated the State Government of their proposal to close down the respective schools under their management and, on completion of the statutory period of one year, written to the Educational authorities in the State to comply with the proced




































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