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2023 Supreme(Online)(KER) 3603
HIGH COURT OF KERALA
AMIT RAWAL, J
KENDRIYA VIDYALAYA SANGATHAN(KVS) – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) 13273/2015
SRI.K.I.MAYANKUTTY MATHER, SRI.DINESH R.SHENOY, SRI.A.JAYASANKAR, SRI.MANU GOVIND, SRI.C.V.MANU
Kendriya Vidyalayas, as government-supported institutions, are mandated to comply with the Right to Education Act, including the establishment of School Management Committees.
Headnote:
RTE - Educational Law - Right to Education Act, 2009 (RTE Act) Sections 21, 2(n), and 2(p); Commissions for Protection of Child Rights Act, 2005 Sections 15, 24 - The court upheld the applicability of the RTE Act to KVS, emphasizing that as a government-supported institution, it must establish School Management Committees as per the law.
Fact of the Case:
The writ petition was filed by Kendriya Vidyalaya Sangathan challenging a notice from the Kerala State Commission for Protection of Child Rights regarding the failure to constitute School Management Committees as mandated by the RTE Act, 2009.
Finding of the Court:
The court found the petition premature, ruling that Kendriya Vidyalaya Sangathan is obligated to comply with the RTE Act's requirements, specifically the formation of School Management Committees, given its status as a government-aided institution.
Issues: Whether the provisions of the Right to Education Act, particularly concerning School Management Committees, apply to Kendriya Vidyalayas which receive support from public and defense sectors.
Ratio Decidendi: Kendriya Vidyalayas are recognized as schools under the RTE Act and are therefore required to establish School Management Committees, as their funding arrangements do not exempt them from the RTE's obligations.
Final Decision: Writ petition dismissed.
JUDGMENT
Multifarious reliefs have been sought in the writ petition.
As far as Ext.P9 notice dated 19.3.2015 is concerned, I am of the view that the writ petition is totally premature as it is a notice issued by the 3rd respondent, Kerala State Commission for Protection of Child Rights whereby a complaint bearing No.CRMP No.1992/2014/12/LA2/KeSCPCR was registered and an action report was sought from the respondents. Petitioner, Kendriya Vidyalaya Sangathan (KVS) if aggrieved, has a right to contest the same on merits by raising all the pleas taken in the writ petition. Even the outcome of the further proceedings taken in response to notice have not been apprised. Thus the writ petition qua laying challenge to Ext.P9 is premature.
2. As far as the other reliefs are concerned, it has been averred that petitioner is a Kendriya Vidyalaya Sangathan (KVS) an autonomous organization, registered under the Societies Registration Act and an Autonomous body under the Ministry of Human Resources Development (HRD), Government of India with the objective to cater the educational needs of children of transferable Central Government employees including defence personnel by providing a common programme of education and to develop Vidyalaya as a model school in the context of national goal of Indian Education and to initiate/promote innovations and experiments in the field of education in collaboration with other bodies like CBSE and NCERT etc. The Chairman of the Kendriya Vidyalaya Sangathan (KVS) is the Union Minister of Human Resources Development and Vice Charman is the Additional Secretary (HE) of the Department of Higher Education, Ministry of Human Resources Development, Government of India. The Commissioner of the Kendriya Vidyalaya Sangathan is the Chief Administrator and Chief Executive to implement the policies approved by the Board of Governors. The policies and the decisions of Kendriya Vidyalaya Sangathan (KVS) are taken by the Board of Governors consisting of eminent educationists and administrators from all over the country. The Education Code for Kendriya Vidyalayas was brought out in the year 1970. Article 28 of the said Education Code pertains to establishment of Kendriya Vidyalayas. Vidyalaya Management Committee in every
Kendriya Vidyalayas generally supervise the day to day management of such Vidyalayas with effect from 1970 and the powers of the Vidyalaya Management Committee has been defined under Article 31 of the Education Code of Kendriya Vidyalayas. Parents Association of Kendriya Vidyalaya approached the High Court vide WP(C) No.13900 of 2013 and WA No.1353 of 2004 alleging that in view of the provisions of Article 21 of the Constitution of India and the Right of the Children to Free and Compulsory Education, Act, 2009 (The RTE Act, 2009), the Kendriya Vidyalaya is not entitled to levy any fee from the students. This court in the judgment Kendriya Vidyalaya Parents Association, Kochi v. Union of India and Others ( 2014 (3) KHC 86 ) held that compulsory and free elementary education in Kendriya Vidyalaya cannot be claimed on the strength of Article 21 of the Constitution of India.
3. Learned counsel appearing on behalf of the petitioner submitted that the 4th respondent submitted a complaint before the Kerala State Commission For Protection of Child Rights on 24.8.2014 stating that the petitioner, Kendriya Vidyalaya Sangathan has not taken steps to constitute
School Management Committees (SMC) as enshrined under Section 21 of the RTE, Act, 2009 and further alleged that a VMC has been functioning in the schools consisting of District Collector and Director of Public Instruction. Kerala State Commission for Protection of Child Rights had taken the cognizance of complaint and issued a notice dated 29.9.2014 and sought the report on the aforementioned complaint. In response to the notice, submitted a report dated 21.10.2014 before the 3rd respondent, Ext.P4. However on 14.11.2014 the 3rd respondent, Commission issued an o
