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IN THE HIGH COURT OF KERALA AT ERNAKULAM
D.K.SINGH
St Mary's English Medium School, rep by the manager fr. Betson thukkuparambil, S/o. T.K. Antony – Appellant
Versus
State Of Kerala, Represented By The Secretary, General Education Department, Government Secretariat – Respondent
JUDGMENT :
(D. K. SINGH, J.)
The petitioner school is represented by its manager, Fr.Betson Thukkuparambil. According to the pleadings made in the writ petition, the said school is an English medium school situated in Thathamangalam, Palakkad, and has been running since 2013. It is also stated that the said school is recognized by the Kerala State Educational Department vide order dated 14.05.2015. The petitioner had made a representation for recognition from class I to class VII. But the recognition has been granted only for classes from V to VII.
2. The petitioner had made an application on 14.10.2024 to grant recognition for classes from I to IV. The said application has been rejected vide order dated 19.12.2024 (Ext.P2). The said order of rejection for recognition of classes from I to IV is under challenge before this Court in this writ petition. The two grounds have been stated in the impugned order in Ext.P2; 1. The school does not have a sufficient playground 2. Within 5 Kilometres vicinity of the school, there are 15 Government Aided schools.
3. The learned counsel for the petitioner submits that the State Government has not laid down the norms of sufficiency in respect of the
Recognition of schools under the Right to Education Act requires adherence to specified norms, and rejection based on playground inadequacy and proximity to other schools is lawful.
The main legal point established in the judgment is the significance of playgrounds in schools and the necessity for the State Government to issue norms/guidelines for the extent of playground necess....
Point of law - Recognition of school - Where Government are satisfied that operation of any rule under these Rules causes undue hardship in any particular case, Government may dispense with or relax ....
The Right to Education Act mandates flexible application of distance criteria to ensure access to education for all eligible children.
The importance of providing an opportunity for a hearing and correctly applying restrictions on distance from neighboring schools in the decision-making process.
Lack of prior government approval invalidates school recognition revocation under the Education Rules.
Educational institutions must obtain mandatory recognition as per the RTE Act to operate legally.
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