Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 2893

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K. NARENDRAN, MR. MURALEE KRISHNA S., JJ
UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT FOR HUMAN RESOURCES DEVELOPMENT – Appellant
Versus
PARENT TEACHER'S ASSOCIATION, KENDRIYA VIDYALAYA KANJIKODE WEST, PALAKKAD – Respondent
WA NO. 2179 OF 2025 | WA NO. 2198 OF 2025 | WA NO. 2200 OF 2025

Advocates:
For the Appellants: SHRI.JAISHANKAR V.NAIR
For the Respondents: SHRI.JACOB SEBASTIAN, SMT.SHAMSEERA, C.ASHRAF, SHRI.WINSTON K.V, SMT.ANU JACOB, SMT.ANJANA KRISHNAN, SRI.SANTHOSH KUMAR P. SPL.G.P.

The court emphasized the necessity of statutory provisions in regulating Parent Teacher Associations within schools, ruling that learned Single Judge erred in issuing directions without such consideration.

Headnote:(A) Right of Children to Free and Compulsory Education Act, 2009 - Section 21 - Directions issued by school principals to Parent Teacher Associations directing eviction from school premises and prohibiting usage of school names - Legality of such directions was challenged in writ petitions - Writ petitions were disposed of by learned Single Judge permitting the Associations to continue with their activities - Appellants contested the judgment on grounds of lack of statutory backing for the Associations' operations within school premises - High Court found that the learned Single Judge did not consider relevant statutory provisions regarding the functioning of Parent Teacher Associations under Article 147 of the Education Code of Kendriya Vidyalayas - Common judgment set aside and writ petitions remanded for re-evaluation. (Paras 1-14)

Facts of the case:
The concerned Parent Teacher Associations for multiple Kendriya Vidyalayas challenged evictions and restrictions on their activities initiated by respective school managements, arguing infringements on educational rights and lack of jurisdiction in management's actions.

Findings of Court:
The impugned judgment did not acknowledge statutory regulations relevant to the Associations, resulting in a remand for proper assessment under the cited provisions.

Issues: The immediate questions raised focused on the jurisdiction of the school management in restricting the operations of the Parent Teacher Associations and the validity of the directives leading to their eviction.

Ratio Decidendi: The court determined that learned Single Judge's decision was flawed by not referencing necessary statutory support and thus called for a fresh review of the case.

Result: Writ appeals allowed, and the common judgment set aside, with directions to assess under statutory frameworks.

Table of Content
1. the constitutional rights of students are affected by the eviction of parent teacher associations. (Para 1 , 5 , 6)
2. the court must consider statutory provisions regulating parent teacher associations in education. (Para 7 , 8 , 9 , 10)
3. the judgment of the learned single judge is set aside due to oversight of necessary statutory regulations. (Para 12 , 13 , 14)

COMMON JUDGMENT

Muralee Krishna, J.

The respondents 1, 3, 4 and 5 in W.P.(C)No.25921 of 2018 filed W.A.No.2179 of 2025, the respondents 1 and 3 to 5 in W.P.(C)No. 26907 of 2018 filed W.A.No.2198 of 2025 and respondents 1 to 3 and 5 in W.P.(C)No.25995 of 2018 filed W.A.No.2200 of 2025, under Section 5(i) of the Kerala High Court Act, 1958, challenging the common judgment dated 25.07.2025 passed by the learned Single Judge in those writ petitions. Since the point to be considered in these writ appeals is the same, they are heard together and are being disposed of by this common judgment.

2. The petitioners in W.P.(C)No.25921 of 2018 filed that writ petition claiming themselves as the Parent Teachers Association and its office bearers of Kendriya Vidyalaya, Kanjikode West, Palakkad. Similarly, the petitioners in W.P.(C)No.26907 of 2018 claimed themselves as the Parent Teachers Association and its office bearers of Kendriya Vidyalaya, Ernakulam, and the petitioners in W.P.(C)No.25995 of 2018 claimed themselves as office bearers of K.V. Parents Welfare Association, Port Trust, Kochi. They are aggrieved by the communications issued by the Principals of respective Kendriya Vidyalyas, directing them to vacate the school premises occupied by the respective Associations and further directing that none of the buses operated by the respective Associations can carry the name of the school, and cannot be parked in the school premises.

3. In W.P.(C)No.25921 of 2018, the petitioners have challenged Ext.P4 notice dated 26.06.2018 issued by the Principal stating that the Parent Teacher’s Association is indulging in illegal activities of selling books and that they should stop the activity and vacate the building occupied by them before 30.06.2018, Ext.P5 letter dated 07.02.2018 issued by the Principal informing that the buses run by the Association shall not exhibit the word ‘Teacher’ or the name of the school, and stating that the buses and activity of the Association should be operated outside the school premises and also Ext.P6 letter dated 19.07.2018 issued by the Principal informing that the 3^rd respondent Kendriya Vidyalaya Sangathan, Regional office, Ernakulam has permitted the Association to occupy the room till 31.07.2018 and the building should be vacated on that day.

4. In W.P.(C)No.26907 of 2018, the petitioners have challenged Ext.P6 letter dated 02.03.2018 issued by the Principal of Kendriya Vidyalaya, Ernakulam, which contains similar directions.

5. Similarly in W.P.(C)No. 25995 of 2018 the petitioners have challenged various such communications marked as Exts.P1, P3, P6, P7, P8 and P10 contending that such communications were issued by the Kendriya Vidyalaya, Port Trust, Kochi without jurisdiction and also seeking a declaration that the K.V. Parent’s Welfare Association Port Trust is entitled to run the transport facility at Kendriya Vidyalaya, Port Trust and also seeking a writ of mandamus commanding the Cochin Port Trust to take a decision on the question of allowing K.V. Parent’s Welfare Association Port Trust to occupy the premises now being occupied by it and also regarding the parking of the buses in the school compound after affording an opportunity of being heard to the petitioners.

6. According to the writ petitioners, the action of the respective Kendriya Vidyalayas to evict the Association from the school premises is against the welfare and well-being of the children. By issuing the impugned notices, the right to education guaranteed under the Constitution has been infringed. As per Section 21 of the Right of Children to Free and Compulsory Educ

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