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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
The Manager, Ithihadul Islam Aided Lower Primary School, Cheroor – Petitioner
Versus
The State of Kerala, Represented By Its Secretary to Government, General Education Department and Ors. – Respondents
WP(C)Nos. 23820 of 2016, 17434, 17581, 17582, 17583, 17584, 17585, 17635, 18446, 18613, 18614, 18615, 18616, 18617, 18618, 19460, 19461, 19462, 19463, 20093, 20094, 20095, 20096, 20097, 20098, 20099, 20100, 20101, 20295, 20296, 20297, 20298, 20299, 20300, 20316, 20317, 20318, 20320, 20557, 20843, 20994, 20995, 21138, 21139, 21140 & 22580 of 2017, 10663, 12187, 14209, 14645, 14865, 15088, 15089, 15259, 15494, 15502, 15517, 15518, 15526, 15532, 15539, 15540, 15546, 15548, 15555, 15571, 15615, 15631, 15632, 15634, 15647, 15648, 15651, 15652, 15653, 15669, 15672, 15687, 15707, 15713, 15746, 15764, 15765, 15769, 15770, 15771, 15785, 15801, 15805, 15806, 15813, 15821, 15827, 15830, 15831, 15832, 15838, 15845, 15890, 15941, 15943, 15990, 16101, 16167, 16169, 16206, 16207, 16210, 16215, 16216, 16217, 16223, 16224, 16228, 16229, 16231, 16233, 16264, 16296, 16713, 16718, 16758, 16760, 16761, 16766, 16916, 16940, 16947, 16984, 17866, 17150, 17193, 17273 & 17299 of 2018
Decided On : 11-06-2018
The Right of Children to Free and Compulsory Education Act, 2009 ;;The Kerala Right of Children to Free and Compulsory Education Rules, 2011-Rule 6(7), Rule 7(3) (a);; The Constitution of India- Article 254 -The provisions under the Kerala Rules would make it explicitly clear that as far as children with disability and those with severe disability are concerned, sub-rule (7) of Rule 6 provides that, in respect of children with disability, which prevent them from accessing the school, the Government or the local authority shall make appropriate and safe transportation arrangements to enable them to attend school and complete elementary education. Sub-rule (8) of Rule 6 provides that, additional assistance in the form of home-based teaching shall also be arranged for children with severe disabilities by the Government and the local authority. Moreover, as per cause (a) of sub-rule (3) of Rule 7, the Government shall ensure that children with disabilities have access to free education till they attain the age of 18 years and shall promote their integration in the regular schools
Statement of facts:
Sought for a writ of mandamus commanding the respondent State and the Educational Authorities to permit admission of students to Class V in the respective Lower Primary Schools and to Class VIII in the respective Upper Primary Schools; and a writ of mandamus commanding the State and the Educational Authorities to provide the respective elementary schools (with Class I to IV or Class V to VII) access to 'Sampoorna Internet Portal', in order to admit students to Class V or Class VIII, as the case may be.
Finding of the court:
Direct the State and Educational Authorities to ensure that the 1st petitioner is permitted to pursue Class VIII at Government Mappila U.P. School, Velimanna itself by sanctioning Class VIII as a special case, considering the peculiar facts and circumstances of that case and also the aforesaid provisions under the Kerala Rules-Any transfer certificates already issued to students, who have completed Standard IV/VII in the respective schools, will be subject to further orders to be passed in these writ petitions.
Result: Writ petitions are dismissed.
The common issue raised in this batch of writ petitions is as to whether admission of students to Class V or Class VIII, as the case may be, can be made in the respective Lower Primary Schools (with Class I to IV) and Upper Primary Schools (with Class V to VII) for the academic year 2018-19, despite the fact that in notification No.NS(3)/21147/2016/DPI dated 19.05.2017 issued by the Director of Public Instructions, Kerala educational need was found only in Ward No.2 of Cherekkad in Kunnamangalam Panchayat for Class I to V, and in Ward No.12 of Kunnankattupathy in Kozhinjampara Panchayat and Ward No.2 of Perunadu in Perunadu Panchayat for Class V, in the school mapping conducted in terms of the provisions under the Right of Children to Free and Compulsory Education Act, 2009 (for brevity 'the Right to Education Act') and also the Rules made thereunder, i.e., the Kerala Right of Children to Free and Compulsory Education Rules, 2011 (for brevity 'the Kerala Rules'). The writ petitions are filed either by the Manager of the respective Lower Primary/Upper Primary Schools or by the Parent-Teacher Association/student of those schools.
2. The petitioners have mainly sought for a writ of mandamus commanding the respondent State and the Educational Authorities to permit admission of students to Class V in the respective Lower Primary Schools and to Class VIII in the respective Upper Primary Schools; and a writ of mandamus commanding the State and the Educational Authorities to provide the respective elementary schools (with Class I to IV or Class V to VII) access to 'Sampoorna Internet Portal', in order to admit students to Class V or Class VIII, as the case may be.
3. In certain writ petitions, notification No.NS(3)/21147/2016/DPI dated 19.05.2017 issued by the Director of Public Instructions, whereby educational need was found only in Ward No.2 of Cherekkad in Kunnamangalam Panchayat for Class I to V, and in Ward No.12 of Kunnankattupathy in Kozhinjampara Panchayat and Ward No.2 of Perunadu in Perunadu Panchayat for Class V; and also G.O.(Rt.)No.1813/2017/G.Edn. dated 09.06.2017, whereby the Government ordered that, transportation facility will be provided to the children of 82 areas mentioned in the list appended thereto, in order to reach the nearest school with the co-operation/assistance of the local bodies, as provided in sub-rule (4) of Rule 6 of the Kerala Rules, are under challenge.
4. The details of the writ petitions included in this batch are as follows;
Sl. No. W.P.(C)No. Petitioner (PTA/Manager) Name of School W.P.(C) filed on To admit students to Class V/VIII
1 23820/2016 Manager Ithihadul Islam Aided LPS, Cheroor 15/07/16 V to VIII
2 17434/2017 PTA AMLP School Villakkery, Thrissur 25/05/17 V
3 17581/2017 PTA Crescent UP S Karappuram 26/05/17 VIII
4 17582/2017 PTA AUP School, Chiramangalam 26/05/17 VIII
5 17583/2017 PTA Saraswathi ALP School, Panangad 26/05/17 V
6 17584/2017 PTA Sree Narayana AUP School, Padanakat 26/05/17 VIII
7 17585/2017 PTA Muzhapilangad UPS, 26/05/17 VIII
8 17635/2017 Manager/ KMLP School, Kuruvattur 26/05/17 V
9 18446/2017 PTA AMUP School, Ayyaya, Vellachal. 02/06/17 VIII
10 18613/2017 PTA ALP School, Kallangai 05/06/17 V
11 18614/2017 PTA ALP School, Kudalmerkala 05/06/17 V
12 18615/2017 PTA AUP School, Badira 05/06/17 VIII
13 18616/2017 PTA ALP School, Kallar 05/06/17 V
14 18617/2017 PTA Vidyaranya ALP School, Pady 05/06/17 V
15 18618/2017 PTA Iqbal English Medium LP School, Peringammala 05/06/17 V
16 19460/2017 Manager Sree Ayyappa Educational Institution, Chittur 09/06/17 VIII
17 19461/2017 Manager Radhakrishna AUP School, Maniyoor 12/06/17 VIII
18 19462/2017 PTA CherumavilaI UP School, Mavilai, Kannur 12/06/17 VIII
19 19463/2017 PTA SVUP School, Karippal 12/06/17 VIII
20 20093/2017 PTA Kareemul Islamiya ALP School, Kanhangad 16/06/17 V
21 20094/2017 PTA BAHM ALP School, Panarkulam 16/0
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