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2022 Supreme(Online)(KER) 22570
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
RAMESH CHENNITHALA – Appellant
Versus
THE UNION OF INDIA – Respondent
WP(C) NO. 3347 OF 2022
For the Appellants/Petitioners: GEORGE POONTHOTTAM (SR.), NISHA GEORGE, J.VISHNU
For the Respondents: SRI.S.MANU, SRI.N.MANOJKUMAR, SRI.K.ANAND (SR.), SMT.LATHA ANAND, SRI.PROMOD KUMAR, SRI.S.VISHNU (ARIKKATTIL), SRI.SIDHARTH P.S., SRI.B.RADHAKRISHNA PILLAI, SRI.M.N.RADHAKRISHNA MENON, SMT.MINI GOPINATH, SRI.K.I MAYANKUTTY MATHER
Abrupt cessation of educational sponsorship affects fundamental rights; institutions must comply with prior agreements for continued operation.
Headnote:(A) Education Law - Writ of mandamus - Closure of Kendriya Vidyalaya under NTPC sponsorship - Agreed position in meetings held on 31.08.2021 and 28.12.2021 mandates the continuation of financial support by NTPC - Abrupt closure of the school affecting hundreds of students' education and their fundamental rights cannot be permitted - Quash communication from NTPC regarding closure and direct adherence to meeting resolutions. (Paras 24-38)
(B) Constitutional Law - Right to Education - The right to education for children must be upheld without arbitrary displacement or closure of educational institutions, particularly those serving government employee wards. (Paras 31-32)
Facts of the case:
The petitioner filed this writ petition against NTPC’s decision to cease funding the Kendriya Vidyalaya located on its campus, which affects numerous students, most of whom are children of transferable Government employees. The school has been operational since 1999 and has a significant enrollment. The NTPC sought closure due to declining enrollment and financial burden; however, this decision was contested on grounds that it violates the right to free education.
Findings of Court:
The court noted that the NTPC must continue financial support as per the terms agreed in prior meetings, ensuring educational facilities remain available to affected students until a phased closure can be responsibly enacted.
Issues: The main legal issue was whether the NDPC's decision to discontinue funding and close the KV without following procedural agreements was lawful.
Ratio Decidendi: The court reaffirmed that educational institutions, especially the KVs serving government employees, cannot be closed abruptly. The refusal to provide funding violates the educational rights of students protected under the Constitution.
Result: The writ petition was allowed, directing NTPC to maintain funding and adhere to prior agreements on the school’s operation.
| Table of Content |
|---|
| 1. ntpc's decision to close the kendriya vidyalaya must adhere to prior agreements. (Para 1 , 2 , 3) |
| 2. kvs provide essential educational support for government employees' children. (Para 4 , 5 , 6) |
| 3. agreed meetings dictate responsibilities for educational funding. (Para 7 , 8) |
| 4. closure must consider children's educational rights. (Para 9 , 10) |
| 5. sponsorship conditions require ntpc to maintain support until a phased closure. (Para 11 , 12 , 13) |
JUDGMENT
S.Manikumar, C.J.
Instant public interest writ petition is filed by a Member of the Kerala Legislative Assembly from Haripad Constituency seeking to quash Exhibit P5 communication issued by the 3rd respondent-the National Thermal Power Corporation (NTPC Ltd.) having its registered ofÏce at New Delhi and its unit at Kayamkulam-the 4th respondent, dated 01.12.2020, addressed to the Assistant Commissioner, Kendriya Vidyalaya Sangathan, New Delhi, basically stating that NTPC is intending to close the Kendriya Vidyalaya (KV) functioning within the campus of the company at Kayamkulam, for various reasons, including that NTPC Kayamkulam is not generating power for more than six years due to lack of schedule and is under reserve shut down and the chances of its revival are very bleak.
2. It is also stated therein that the total strength of NTPC wards including the wards of CISF personnel does not justify the continuation of KV at NTPC Kayamkulam and in view of the foregoing, it has been decided to terminate the agreement/ sponsorship entered into between NTPC and KV Sangathan, New Delhi-the 5th respondent; and thereby, KV Sangathan is requested not to take any fresh admission for the academic session 2021-2022 and take necessary efforts to accommodate or transfer all the students at present studying in KV, NTPC, Kayamkulam in the neighbouring schools from 2022-2023 onwards. Aggrieved by the same, instant writ petition is filed seeking for the following reliefs:
“i. Issue a Writ of mandamus commanding the 1st respondent to ensure that funds required for functioning of the 7th respondent school is being provided without fail;
ii. Issue a Writ of Certiorari calling for records leading up to Exhibit P5 and to quash the same;
iii. Issue a Writ of Mandamus to the 2nd, 3rd and 4th respondents, directing them to take urgent steps to transfer the buildings and land occupied by the 7th respondent school to the State Government and thereafter lease it to the Kendriya Vidyalaya Sangathan so as to facilitate the continued functioning of the school and to transfer it from project sector to civil sector;
iv. Issue a Writ of Mandamus directing the 3rd respondent not to cease sponsorship of the 7th respondent school;v. Issue a Writ of Mandamus to the 3rd and 5th respondents to take steps to conduct admissions to class I in the 7th respondent School for the academic year 2022-23.”
3. More basic facts for the disposal of the writ petition are as follows: KV, NTPC, Kayamkulam was opened in the year 1999-2000 in the project sector under the sponsorship of NTPC Kayamkulam, which is the only KV in Alappuzha District. Presently, it is functioning with Class I to XII with enrollment of 710 students out of which 45 students are the wards of NTPC employees; that most of the parents of the students are employed in the public sector and under State and Central Governments.
4. KV Sangathan is registered as a society under the Societies Registration Act (XXI of 1860) setup by the Ministry of Human Resource Development, Government of India. The primary aim of the Sangathan is to provide, establish, endow, maintain, control and manage the KVs located all over India and abroad.
5. It is undisputed that KV Sangathan provides a common syllabus and a common system of education to the children of transferable Central Government employees including defence and paramilitary personnel. The intention behind setting up of KV Sangathan is that the children of Government employees do not face any educational disadvantages w
