The transfer of school property for educational purposes must not violate statutory restrictions, and the administrative decision must consider the implications for existing school facilities, like playgrounds.

JUDGMENT :

BECHU KURIAN THOMAS, J.

1. Petitioners have questioned the decision of the Government, transferring possession of a playground of a Government School to the Department of Collegiate Education for constructing a building for a College of Music. They also seek a direction not to interfere with the use of playground of the Government school in question.

2. The petitioners are the parents/old students of Government UP School at Ramavarmapuram. They allege that the playground of the aforesaid school has been decided to be transferred to the Department of Collegiate Education for starting the SRV College of Music and Performing Arts by the Government, as per order dated 05.12.2024. Pursuant to a mass petition signed by numerous persons, who emphasized the need to maintain the health of the students through physical activities, petitioners claim that the impugned order will result in deprivation of the school playground, and hence, it ought to be interfered with. The petitioners also contend that the alienation of the school property is contrary to section 5B of the Kerala Education Act, 1958 (for short ‘the Act’) and hence, the transfer, ordered as per Ext.P1 Government Order, is void. Relying upon the National Education Policy, 2020, it was pleaded that the need to integrate sports in education fosters holistic development by promoting physical and psychological well being of the students, apart from enhancing their cognitive abilities and therefore the attempt of the respondents to part with the possession of the school playground for construction of a Music College is contrary to the avowed purpose and therefore bad in law.

3. A counter affidavit has been filed on behalf of the fourth respondent stating that the SRV College of Music and Performing Arts is a newly opened Government Music College, which is presently functioning on a rented building. As the said institution lacked a permanent building, the Government has by Ext.P1 order decided to transfer possession of 2 Acres, 30 cents and 64 Sq. links in Re-survey No.48/2 part of Viyyur Village in Thrissur District, for constructing the building for the said College. It is asserted that the transfer is solely for an educational purpose. According to the fourth respondent, all official formalities were complied with, and the property that has been identified for transfer, adjoins the premises of the Government UP School at Ramavarmapuram and since the transfer is for educational purposes, the restriction under section 5B of the Act, will have no application. It is also stated that the premises around the school are sufficient for the students to engage in extra curricular activities.

4. A reply affidavit has been filed by the petitioners and they rely upon Ext.P11, a document obtained under the Right to Information Act, 2005 (for short 'RTI Act') which indicates that the property remaining after the playground cannot be used as a playground. The petitioners also allege that the entire decision is vitiated by arbitrariness and non-application of mind. It is also stated that the remaining property is not suitable for a playground as it lies in an ‘L’ shape and is full of overgrown trees, while the said property can very well be used for constructing a college.

5. I have heard Sri. G.Krishnakumar, the learned counsel for the petitioners as well as Sri. P.Santhosh Kumar, the learned Special Government Pleader.

6. On a consideration of the pleadings and the rival contentions urged, the following two issues arise for consideration:-

(i) Whether Ext.P1 order transferring possession