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2021 Supreme(Online)(KER) 89
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942 WP(C). No.16198 OF 2010(S)
PETITIONER:
1 MOOSA, MANAGER, AMLP SCHOOL, ALANALLOOR, ARATTUTHODI, PERUMPADARI P.O, MANNARKKAD TALUK, PALAKKAD DISTRICT.
2 V.V.SHOUKATHALI, S/O. MOHAMMAD, VADAKKEVALAPPIL, JAWAHAR NAGAR, THENKARA,, PALAKKAD DISTRICT.
BY ADVS. SRI. K. MOHANAKANNAN SMT. A. R. PRAVITHA SMT. D. S. THUSHARA RESPONDENTS:
1 STATE OF KERALA, SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2 THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
3 THE CHIEF ELECTION COMMISSION, KERALA THIRUVANANTHAPURAM.
4 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.
5 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD.
* 6 THE ELECTION COMMISSIONER OF INDIA, REPRESENTED BY ITS SECRETARY, ASOKA ROAD, NEW DELHI. * IS IMPLEADED AS ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 25.09.2015 IN I.A. NO.6864/2010 R1, R2, R4 & R5 BY SENIOR GOVERNMENT PLEADER SRI. T. K. ARAVINDA KUMAR BABU R3, R6 BY SRI.MURALI PURUSHOTHAMAN, SC, ELE.COMMN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.02.2021, ALONG WITH WP(C). NOS.17534/2010(S), 29964/2010(S), 27670/2015(S) & 27993/2015(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942 WP(C). No.17534 OF 2010 PETITIONER:
JIBU P. THOMAS, ADVOCATE RESIDING AT PUTHENPURACKAL HOUSE, PAZHOOR P.O., PIRAVAM-686 664.
BY ADVS.SRI.S.VINOD BHAT SRI.LEGITH T.KOTTAKKAL RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.
3 THE CHIEF ELECTION COMMISSION, KERALA, THIRUVANANTHAPURAM.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI. T. K. ARAVINDA KUMAR BABU R3 BY SRI.MURALI PURUSHOTHAMAN, SC, ELE.COMMN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.02.2021, ALONG WITH WP(C). NOS.16198/2010(S), 29964/2010(S), 27670/2015(S) & 27993/2015(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942 WP(C). No.29964 OF 2010 PETITIONER/S:
C. P. RAJASEKHARAN, (DIRECTOR, EDUCATIONAL F M, IGNOU, KOCHI), CHITHRAKODOOM, CHEROOR, THRISSUR-8.
BY ADVS.SRI.M.V.ASHIM SRI.B.HARRYLAL SRI.C.R.REGHUNATHAN RESPONDENT/S:
1 STATE OF KERALA REP. BY CHIEF SECRETARY, THIRUVANANTHAPURAM.
2 PRINCIPAL SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
3 PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.
4 KERALA STATE ELECTION COMMISSION REP. BY SECRETARY, THIRUVANANTHAPURAM.
5 ELECTION COMMISSION OF INDIA REP. BY SECRETARY, NIRVACHAN SADAN, NEW DELHI.
R1 & R3 BY SENIOR GOVERNMENT PLEADER SRI. T. K. ARAVINDA KUMAR BABU R4 & R5 BY SRI. MURALI PURUSHOTHAMAN, SC, ELE.COMMN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.02.2021, ALONG WITH WP(C). NOS.16198/2010(S), 17534/2010(S), 27670/2015(S), & 27993/2015(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942 WP(C). No.27670 OF 2015 PETITIONER:
MOHAMMED SHAJAHAN K.P., AGED 31 YEARS, S/O. MARAKKAR K.P., KANGATTU PUTHENVEETIL HOUSE, VADAKKANGARA P.O, MANKADA VIA, MALAPPURAM DISTRICT, PIN - 679 324.
BY ADVS.SRI.ALIAS M.CHERIAN SRI.JINU JOSEPH SRI.N.RAGHUNATH RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM -695 001.
2 THE PRINCIPAL SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THYCAUD, THIRUVANANTHAPURAM 695 014.
4 KERALA STATE ELECTION COMMISSION OFFICE OF ELECTION COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM -695 004.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI. T. K. ARAVINDA KUMAR BABU R4 BY ADV. SRI. MURALI PURUSHOTHAMAN, SC, K.S.E.COMM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.02.2021, ALONG WITH WP(C). NOS.16198/2010(S), 17534/2010(S), 29964/2010(S), & 27993/2015(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942 WP(C). No.27993 OF 2015 PETITIONER:
1 MATHEW ZACHARIAS, PRESIDENT, APPROCH INDIA, IDIYAKUNNEL, PUPALLY POST, WAYANAD DISTRICT, KERALA -673 579.
2 GEORGE JOSEPH, SECRETARY, APPROCH INDIA, MURIANKARY, C.H.COLONY, CHEVARAMBALAM P.O., KOZHIKODE - 673 017.
3 O.SIVARAMAN, MEMBER, APPROCH INDIA, OMBALAMURICKAL HOUSE, P.O.NENMENI, SULTHAN BATHERY - 673 592.
BY ADVS. DR.GEORGE ABRAHAM SRI.V.A.MUHAMMED SMT.P.A.JENZIA RESPONDENTS:
1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OFSCHOOL EDUCATION LITERACY, MINISTRY OF HUMANRESOURCES DEVELOPMENT, SASTRI BHAVAN, RAJENDRA PRASAD ROAD, SASTRI BHAVAN, NEW DELHI - 11.
2 THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT SASTRI BHAVAN, RAJENDRA PRASAD ROAD, SASTRI BHAVAN, NEW DELHI - 11.
3 THE STATE ELECTION COMMISSIONER, THIRUVANANTHAPURAM - 695 001.
4 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001.
5 THE SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
6 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.
7 THE KERALA PRIVATE SCHOOL TEACHERS UNION KPSTU REPRESENTED BY ITS SECRETARY, CENTRAL COMMITTEE OFFICE, CARRIER STATION ROAD, KOCHI - 682 016.
* 8 THE CHIEF ELECTION COMMISSION OF INDIA, REPRESENTED BY ITS SECRETARY GENERAL, SAFDARJANG ROAD, NEW DELHI-110 001.
* 9 THE ELECTION COMMISSION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
* ARE IMPLEADED AS ADDL. RESPONDENTS 8 AND 9, VIDE ORDER DATED 26/10/2015 IN IA. NO.14529/2015.
R1 & R2 BY SRI. JAGADEESH LAKSHMAN, CGC R3 & R8 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMM R4 TO R6 BY SENIOR GOVERNMENT PLEADER SRI. T. K. ARAVINDA KUMAR BABU R7 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.02.2021, ALONG WITH WP(C). NOS.16198/2010(S), 17534/2010(S), 29964/2010(S), & 27670/2015(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
“C.R.”
['SRI V A MUHAMMED', '', 'SMT P A JENZIA', 'DR GEORGE ABRAHAM', 'SRI JAGADEESH LAKSHMAN', 'CGC', 'SRI MURALI PURUSHOTHAMAN', 'SC', 'K S E COMM', 'GOVERNMENT PLEADER', 'SRI P T ABHILASH', 'SRI BABU JOSEPH KURUVATHAZHA', 'ELE COMMN']
J U D G M E N T
S. Manikumar, CJ Instant public interest writ petitions are filed generally with prayers for issuance of a writ, order, or direction, declaring that the teaching staff of aided schools are not entitled to contest in the election to the local bodies, including State Legislative Assembly and Parliament. As they are working in aided schools, petitioners, inter alia, have sought for issuance of a writ of mandamus declaring that the exemption, if any, granted to the aided school teachers, permitting them to contest in various elections conducted by the Election Commissions, as non est in the eye of law, and to declare the same as void.
2. In W.P.(C) No.17534/2010, the petitioner therein has sought for a direction to the State and the Director of Public Instructions, to make suitable amendments in the Kerala Educational Rules, 1956, to give effect to the directions stipulated in the Right of Children to Free and Compulsory Education Act, 2009.
3. In W.P.(C) No.27670/2015, the petitioner therein has sought for a direction declaring that aided school teachers are not entitled to be engaged in political activities and to contest for election to Local Self Government bodies under the Kerala Panchayat Raj Act, 1994, as well as the Kerala Municipalities Act, 1994. The petitioner has also sought for a direction to the State officials, to issue necessary orders prohibiting aided school teachers from engaging in political activities and contesting the election to Local Self Government bodies under the Kerala Panchayat Raj Act, 1994, as well as the Kerala Municipalities Act, 1994.
4. However, distinct from the reliefs sought for in other writ petitions, in W.P.(C) No.29964/2010, the petitioner therein has sought for a declaration that any provision permitting contest in elections to the Parliament, State Assembly or Local Body by the teachers of private educational institutions, both under aided and unaided sector, shall be unconstitutional and violative of Articles 21, 21A, 41 and 46 of the Constitution of India.
5. That apart, petitioner therein has also sought for a declaration that Section 2(1)(iv) of the Legislative Assembly (Removal of Disqualifications) Act, 1951 permitting the office holders in private educational institutions to be members of the local bodies or Central or State Legislative bodies, is in violation of Articles 41 and 46, and ultra vires to Articles 21 and 21A of the Constitution of India and quash the same.
6. For appropriate disposal of the writ petitions, we deem it fit that the parties can be referred as they are arrayed in W.P.(C) No.29964/2010, and to rely on the basic contentions raised, as well as the counter affidavit filed thereto by the State Government.
7. The petitioner in W.P.(C) No.29964/2010, is a retired Director of Doordarshan, Mangalore Station, and was serving as the Director of Audio- visual communication in Indira Gandhi National Open University (IGNOU), Kochi, at the time of filing the writ petition. According to him, the experience gained by him for having served under the mass communication field over last three decades, having authored stage plays and children books, conveying the message for social working, has constrained him to file the writ petition, to prevent the massive participation of the teachers, working in private educational institutions, including Government aided colleges and school, in active politics and contest in elections to the Parliament, State Assembly, and local bodies, by diluting the quality of service to the cause of education and breeding fissiparous and divisive tendencies among the students and society, on account of petty political considerations.
8. Petitioner therein has further stated that while service rules applicable to the Government teachers interdict the involvement in active politics and contest in elections, the teachers in private sector, discharging the very same functions, are freely allowed to actively participate in politics, including
