Honble LAKSHMANAN, CJ.–The unsuccessful writ petitioners are the appellants in this appeal. The writ petition was filed by the Parents Teachers Association, Kendriya Vidhyalaya, Jobner to quash the order dated 31.3.1999 (Annex. 1) and to direct the respondents to take regular classes of the students who have been given admission in the school and for other consequential reliefs. The main grievance of the appellants is that the respondents vide order dated 31.3.1999 have closed the Kendriya Vidhyalaya, Jobner w.e.f. 1.4.1999 without giving any reason and without giving any notice to the parents of the students or to the association for closure of the school.

(2). The brief facts of the case are that the Kendriya Vidhyalaya, Jobner was opened in the year 1987 in civil sector in the name of Kendriya Vidhyalaya Civil Sector and students are the wards of the Central Government Employees such as the Railways, Post Office employees, Ex.Militarymen, Bank Employees etc. Other students are also studying in the school. All the essential facilities like land, building, residential quarters for staff, library etc. have been provided by the S.K.N. College of Agriculture, Jobner without charging any revenue from the school. The school was also opened for providing educational facilities to the wards of the Scientists of National reputation engaged in research and training, teaching and extension of agriculture education who have come from different parts of the country in S.K.N. College of Agriculture, Jobner. When the students went to attend their classes on 3rd of April, 1999 they were told that the school had been closed by the authorities vide order dated 31.3.1999. According to the appellants, the respondents have closed the school without proper information or notice to the parents of the words who are studying in the school. Aggrieved from the impugned order dated 31.3.1999, the appellants filed the writ petition with the prayers above mentioned.

(3). It is the contention of the appellants that because the respondents have charged the fees and gave admission to the students in Ist class as well as in higher classes, they are bound to provide facility for imparting education to the students and they cannot close the school in this manner. There is violation of Article 14 of the Constitution and that the appellants are not being treated equally as other persons to whose children the education facilities are being provided by running central school. The impugned order has taken away their right of education which is provided under the Constitution under Article 15(1) read with Article 29(2) of the Constitution. Hence, it is submitted that closure of the school is against the constitutional rights of students as well as of their parents. No opportunity of hearing was given to the petitioners before issuance of the letter dated 31.3.1999 (Annex.1) and, thus, the respondents have violated the principles of natural justice.

(4). Annex. 1 is the order dated 31.3.1999 which reads as follows:-

``KENDRIYA VIDHYALAYA SANGATHAN

18, Institutional Area

Shaheed Jeet Singh Marg,

New Delhi - 110 016

F.No. 1-15(6)/86-KVS (Admn.I) Dated : 31.3.1999

OFFICE ORDER

Approval of the Chairman, Kendriya Vidhyalaya Sangathan is hereby conveyed for the closure of Kendriya Vidhyalaya, Jobner (Rajasthan) under Civil Sector with effect from 1.4.1999.

Sd/-

(R.N. SHARMA)

SR. ADMINISTRATIVE OFFICER

(5). A reply to the writ petition was filed on behalf of the answering respondents. A preliminary objection was raised by the respondents in regard to the maintainability of the writ petition on the ground that the appellant (Parents-Teachers Association) is not a registered and recognised association and, therefore, they have no fundamental right to approach this Honble Court under Article 226 of the Constitution. In support of his contention, Shri V.S. Gurjar the learned counsel for the respondents relied on the judgments of the Apex Court in the case of Mahendra Kumar Gupta vs. Union of

Click Here to Read the rest of this document