Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ker) 29

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, J.
THE MANAGER, MOONNIYOOR HSSS, PARAKADAVU, MOONNIYOOR – Appellant
Versus
THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT - Respondent
WP(C) NO. 16743, 25585 OF 2021
Decided on : 05-01-2022

Advocates:
Advocate Appeared:
For the Appellant : T.T.MUHAMOOD, V.E.ABDUL GAFOOR, A.MOHAMMED SAVAD, T.R.VISHNU
For the Respondent:ADV SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL

Point of Law: When Constitution mandates that citizens have a fundamental right for something, Government cannot simply refuse them their constitutional rights in the name of a Government policy or lack of it. The right to education is a fundamental right guaranteed by the Constitution of India.

Headnote:
Right to Children to Free and Compulsory Education Act, 2009 - Kerala Education Act - Education matter - Financial commitment for Government - Lack of facilities - Seeking to quash Government Order by which, request made by petitioner for sanctioning three additional Higher Secondary batches to school was declined by 1st respondent - Higher Secondary School, is an aided Higher Secondary School, governed by provisions of Kerala Education - Taking note of educational need in locality and infrastructure available in school - Respondents permitted the petitioner to commence Higher Secondary course in School - HSS is only Higher Secondary School within the limits of Panchayat. About 2000 students are studying in class V to XII and as many as 750 students have passed SSLC examination from school during last academic year - Students will be deprived of facility to pursue higher education for want of Plus One seats - It is contended that nearest Higher Secondary Schools are situated far away and it would be detrimental to interest of the children and parents to force them to undertake long journeys to pursue their education.
Finding of the court :
While issuing directions, had reminded the Government that consistency and transparency go a long way in sustaining policy decisions apart from inspiring confidence in the people, in the matter of governance. It was in accordance with the directions so issued that G.O. was issued by the Government constituting Regional and State Level committee - the educational need of an area is established and the same is supported by the findings of a Committee constituted by Government itself, the Government cannot be heard to contend that application for additional batches shall not be considered until Government takes a decision in that regard. By taking such a stand, Government would be abdicating its constitutional responsibility of providing education to a citizen - There are clear materials to suggest that there is a serious dearth of seats in Malappuram District and in Tirurangadi Taluk where petitioner school is situated. Committee constituted, after evaluation of entire data, has concluded that there is acute shortage of seats in the area. Therefore, court opinion those respondents were not justified in ignoring request of petitioner for additional batches on ground of policy or otherwise. Court not think that it would be proper for this Court to direct reconsideration of entire issue by Government as it is borne out from materials that there is a dearth of Plus One seats in the local area where school is situated – Direction issued.
Result: Petition is allowed

JUDGMENT :

1. W.P.(C) No. 16743/2021 is filed by the Manager, Moonniyur, Higher Secondary School, seeking to quash Ext.P7 Government Order by which, the request made by the petitioner for sanctioning three additional Higher Secondary batches to the school was declined by the 1st respondent.

2. W.P.(C) No.25585/2021 is filed by students of the Moonniyur Higher Secondary school highlighting that they are deprived of the rights to pursue higher education due to the lack of facilities and their prayer is for direction to the respondents 1 and 2 to sanction additional Higher Secondary batches in the Moonniyur Higher Secondary School in Commerce, Humanities and Science so as to ensure that they get an opportunity to pursue higher education.

3. As common issues are involved, both these writ petitions are taken up and disposed of by a common judgment. Reference to parties and Exhibits shall be as described in W.P.(C) No.16743/2021 unless otherwise mentioned.

4. The brief facts are as under:-

The Moonniyur Higher Secondary School, Parakkadavu, is an aided Higher Secondary School, governed by the provisions of the Kerala Education Act and the Rules. Taking note of the educational need in the locality and the infrastructure available in the school, the respondents permitted the petitioner to commence Higher Secondary course in the School. Since then, the school has been admitting students in 2 Science batches, 1 Humanities batch and 1 Commerce batch.

5. The petitioner contends that the school is situated in Parakkadavu within the limits of Moonniyur Grama Panchayat, which area is recognized as an educationally, socially and economically backward area. The Moonniyur HSS is the only Higher Secondary School within the limits of the Panchayat. About 2000 students are studying in class V to XII and as many as 750 students have passed the SSLC examination from the school during the last academic year. The 4 batches granted to the petitioner in the year 2011 can only accommodate 200 students. According to the petitioner, more than 650 students will be deprived of the facility to pursue higher education for want of Plus One seats. It is contended that the nearest Higher Secondary Schools are situated far away and it would be detrimental to the interest of the children and the parents to force them to undertake long journeys to pursue their education. Moreover, a substantial number of girl students do not pursue their education after class X.

6. It is contended that the petitioner had been submitting numerous representations before the authorities since the year 2018 seeking to sanction additional batches. Though the Government had conducted a survey that showed that there is a scarcity of seats in Malappuram District, the request made by the petitioner was not considered. The school authorities approached this Court and filed a writ petition and pursuant to Ext.P2 judgment rendered on 9.7.2019, the Government issued Ext.P3 order on 27.6.2020 wherein it is stated that no additional batches can be sanctioned as it is against the stipulations of the Government Order dated 5.4.2016. The petitioner was granted the liberty to apply for additional batches as and when the Government formulates a policy.

7. The petitioner contends that the stand of the Government is clearly against the principles laid down by this Court in Manager, St. Sebastian’s High School, Thrissur District v. State of Kerala and Ors. [2015 KHC 725], wherein this Court directed the Government to set up a machinery to determine the educational need on an ongoing basis and based on such determination to call for applications from eligible educational agencies and sanction Higher Secondary Courses in such Districts.

8. The petitioner contends that in terms of the directions issued by this Court, the Government constituted a two-level committee as per Ext.P4 order. The Regional Committee so c

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2022 Supreme(Ker) 29

IN THE HIGH COURT OF KERALA AT ERNAKULAMRAJA VIJAYARAGHAVAN V, J.THE MANAGER, MOONNIYOOR HSSS, PARAKADAVU, MOONNIYOOR – AppellantVersusTHE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT - Respondent WP(C) NO. 16743, 25585 OF 2021Decided on : 05-01-2022

Point of Law: When Constitution mandates that citizens have a fundamental right for something, Government cannot simply refuse them their constitutional rights in the name of a Government policy or lack of it. The right to education is a fundamental right guaranteed by the Constitution of India.

Cases Referred (1)