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2019 Supreme(Ker) 480

K.VINOD CHANDRAN, V.G.ARUN
State of Kerala, Represented by the Secretary to Government, General Education Department – Appellant
Versus
Manager, Mahatma Public School, Kottackakom – Respondent


Advocates Appeared:
For the Appellant :Sri.C.P.Sudhakara Prasad, Advocate General, Sri. M.A.Asif, Spl. Government Pleader, Sri.A.J.Varghese, Senior Government Pleader, Advs.
For the Respondent: Sri.C.S.Ajith Prakash, Sri.Nirmal S., SC, Advs.

JUDGMENT :

Vinod Chandran, J.

This batch of appeals are against the judgment of a learned Single Judge in numerous writ petitions filed by the managements. The managements of schools, established and those aspiring to establish one, sought recognition of the Government as mandated under the Right of Children to Free and Compulsory Education Act, 2009 ["RTE Act" for brevity]. A sizeable number are minority institutions. The appeals by the State are with respect to the findings of the learned Single Judge that the "assessment of educational need is only for the purpose of compelling Government or local authority to establish schools and not as a pre-condition for establishing such schools" (sic) (para 10). There were also contentions raised with respect to the guidelines framed by the State, which stood modified by the learned Single Judge in the review petitions filed. The State is not challenging those findings, since a Division Bench, while admitting the appeals, directed the State Government to consider the recognition based on the norms appealable to the respective Boards, like CBSE, ICSE, etc. The Government has conceded to that position and has also issued Circulars in accordanc












































































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