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R. BALACHANDRAN, S/O. RAMAKRISHNAN – Appellant
Versus
STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT – Respondent
JUDGMENT :
(Ziyad Rahman A.A., J.)
The issues involved in both these writ petitions pertain to the right of the Manager of the aided school to close down the school. In WP(C)No.23704/2015, the petitioner therein, who is the Manager of two aided schools, is challenging the orders passed by the Government and the Educational authorities, declining the permission to close down her schools. The permission was declined by mainly placing reliance upon the provisions of the Right of Children to Free and Compulsory Education Act, 2009, and the Rules framed thereunder (hereinafter referred to as the 'RTE Act').
2. In WP(C) No.7407/2012, the petitioners are the Presidents of the Parent Teachers Association of the schools of the petitioner in WP(C) No.23704/2015. In the said Writ Petition, they are challenging the constitutional validity of Section 7(6) of the Kerala Education Act, in the light of the introduction of Art.21A of the Constitution of India, which made the right to education as a fundamental right as far as the children belonging to the age group of 6 to 14 years are concerned. (The parties are hereinafter referred to as per their respective ranks in WP(C) No.23704/2015, and the E
The manager of an aided school has the right to close the school under Section 7(6) of the Kerala Education Act without requiring government permission, as upheld by various court decisions.
The court affirmed the manager's right to close aided schools under Section 7(6) of the Kerala Education Act without government permission, despite the RTE Act's provisions.
The Amendment Rules exempting private unaided schools from admitting 25% disadvantaged children based on proximity to government schools violate the RTE Act and Article 21-A, as they impose condition....
Duties relating to election to the local authority or the State Legislatures or Parliament relate to conduct of elections and consequent deployment of teachers on the days of poll and counting, the t....
Aided school teachers cannot contest elections as it contradicts their duties under the Right to Education Act, reinforcing the importance of quality education.
The court emphasized procedural adherence for school recognitions and government closures per statutory guidelines.
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