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2014 Supreme(Ker) 917

IN THE HIGH COURT OF KERALA
Antony Dominic, Anil K. Narendran, JJ.
Principal Jawahar English Medium School, Pathirappally - Petitioner
Versus
Simi A.C. and others - Respondents
WA. No. 1575 of 2014 In WP(C). 27162 of 2014
Decided On : 17-11-2014

Advocate Appeared:
For the Appellant :M.P. Ashok Kumar, Bindu Sreedhar and R.S. Manjula, Advocates
For the Respondents:P. Annop; T.T. Muhamood (Sr. GP); Thomas Abraham and S. Manu, Advocates

Headnote:Right of Children to Free and Compulsory Education Act, 2009, Section 38 - It will be held not violative under article 19(1)(g) and 21 A of the constitution closure of the school under the RTE act.

JUDGMENT :

Anil K. Narendran, J.

These Writ Appeals arise out of the judgment dated 31/10/2014 of the learned Single Judge in W.P.(C)No. 27162/2014. W.A.No.1575/2014 is filed by the 7th and 8th respondents in the Writ Petition, who are the Principal and the Manager respectively, of Jawahar English Medium School at Pathirappally in Thiruvananthapuram district. W.A.1580/2014 is filed by the 10th respondent in the Writ Petition, who is the parent of one Aswin studying in the 3rd standard of the said school and W.A.No.1594/2014 is filed by the 9th respondent in the Writ Petition, who is working as a teacher of that school.

2. The Writ Petition is filed by the 1st respondent in all these Writ Appeals, who is the mother of one Abishek studying in the UKG and one Anusha studying in the 3rd Standard of Jawahar English Medium School at Pathirappally, challenging Ext.P5 Government order dated 15/10/2014 and seeking various reliefs including a writ of mandamus directing respondents 4 to 7 herein to ensure that the students in Jawahar English Medium School are admitted to nearby Government and Aided schools immediately, and for other consequential reliefs. By judgment dated 31/10/2014, the learned Single Judge set aside Ext.P5 Government order, thereby restoring Ext.P1 order dated 30/9/2014 and Ext.P4 proceedings dated 14/10/2014 of the Director of Public Instruction, the 4th respondent herein, by which the school was ordered to be closed down with immediate effect, with a further direction to the Principal to make necessary arrangements for admitting the students to the nearby Government and Aided schools. It is aggrieved by the judgment of the learned Single Judge dated 31/10/2014, the appellants are before us in these Writ Appeals.

3. We heard the arguments of the learned counsel appearing for the appellants in these Writ Appeals, the learned counsel for the 1st respondent (writ petitioner) and the learned Senior Government Pleader appearing for the official respondents. Since common issues are raised in these cases, we are proceeding to dispose of these Writ Appeals by a common judgment.

4. The contentions raised on behalf of the appellants in these Writ Appeals are as follows; The 1st respondent has no locus standi to challenge Ext.P5 order and she is merely a name lender acting on behalf of certain persons having vested interests. The present Writ Petition is the verbatim reproduction of the earlier public interest litigation, which was not entertained by this Court. Moreover, there is no prayer in the present Writ Petition to quash Ext.P5 order. By Ext.R7(c) Certificate of Authority issued by Travancore Institute of Science and Technology, the school is authorised to solicit students and conduct classes up to Senior Secondary Certificate Course/Vocational Courses. None of the students in the school were subjected to any physical or mental harassment and the allegation that on 25/9/2014 the 1st respondent's son was locked up in a kennel in the school premises is untrue and the said story is also part of a conspiracy between certain persons having vested interests. The 4th respondent issued Ext.P1 order to close down the school, absolutely without any authority of law and in violation of the procedure contemplated under Sub-section (3) of Section 18 of the Right to Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the RTE Act') and Sub-rules (1) and (2) of Rule 15 of the Kerala Right to Children to Free and Compulsory Education Rules, 2011 (hereinafter referred to as 'the RTE Rules'). Further, private study of pupils in unrecognised schools up to Standard VIII is permissible in terms of the provisions under the Kerala Education Rules, 1959 (hereinafter referred to as 'the KER') and the special orders issued by Government of Kerala from time to time. There is also no prohibition in giving training to students under Open Basic Education Programme, on the strength of the accreditation given by the National Inst




























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