Manager, Aysha LP School vs State Of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Ker) 408

Manager, Aysha LP School – Appellant
Versus
State Of Kerala – Respondent

Advocates:
Advocate Appeared:
For the Appellant : SRI.S.M.PREM, SRI.H.NARAYANAN, SRI.P.RAMACHANDRAN PALAKKAD
For the Respondent:SRI.C.P.SUDHAKARA PRASAD, ADVOCATE GENERAL
SMT.NISHA BOSE, SRI.PRASANTH KUMAR R., CENTRAL GOVT. COUNSEL.

ORDER :

Chitambaresh, J.

“Vidya Dhanam Sarva Dhanath Pradhanam” (Knowledge is supreme of all wealth) is an oft quoted Sanskrit verse. The knowledge can be gifted only by imparting education.

1. These cases come on a reference by the Division Bench doubting the correctness of the decisions in Kum. Sreya Vinod v. Director of Public Instruction and others [2012(4) KHC 49] and T.K.M.M.L.P. & U.P.School v. State of Kerala and others [W.A.No.2487/2017].

2. Article 21A of the Constitution of India was inserted with effect from 1.4.2010 and the same guarantees free and compulsory education to all the children of the age six to fourteen years by the State. The Right of Children to Free and Compulsory Education Act, 2009 ('the Act' for short) was accordingly enacted specifying the manner in which the education has to be so imparted. The Preamble of the Act which came into force on 26.8.2009 states that it is to provide for free and compulsory education to all children of the age of six to fourteen years. Section 19(2) prescribes an outer period of three years from the date of commencement of