Disposed

Corpus Christi Educational Society v. Union of India

Kerala HC10 Oct 2012WP(C)/9337/2012

Case brief

AI extract

What is this about?

Single Judge disposed of a writ petition challenging certain RTE provisions and Kerala Rules. After noting that a Division Bench had set aside specific clauses of the notified order, the Court declared the petitioners entitled to similar benefits and directed the respondent to consider the seeker's claim while extending the Division Bench judgment immediately.

What did the court decide?

Petitioner directed to consider the claim and pass appropriate orders extending the benefit of the Division Bench judgment in W.A No.1042/2012 forthwith.

Corpus Christi Educational Society Vs Union of India — Education and Admissions | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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WEDNESDAY, THE 10TH DAY OF OCTOBER 2012/18TH ASWINA 1934

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WP(C).No. 9337 of 2012 (N)

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PETITIONER(S):

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1. CORPUS CHRISTI EDUCATIONAL SOCIETY, AGED 53 YEARS, REPPRESENETED BY ITS SECRETARY MS. MARY ROY, PALLIKOODAM, VADAVATHOOR POST, KOTTAYAM.

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2. PALLIKOODAM, VADAVATHOOR POST, KOTTAYAM, REPRESENTED BY ITS PRINCIPAL, MRS.JUNE JOSE,

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BY ADVS.SRI.C.P.KUNJHIKANNAN

SRI.S.K.MADHU

SMT.LEKHA SURESH

RESPONDENT(S):

1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, M/O. HUMAN RESOURCES DEVELOPMENT, NEW DELHI 110 001.

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2. THE COUNCIL FOR INDIAN SCHOOL CERTIFICATE EXAMINATION (ISCE), REPRESENTED BY ITS CHIEF EXECUTIVE AND SECRETARY, PRAGATHI HOUSE, 3RD FLOOR 47-48, NEHRU PLACE, NEW DELHI 110 019.

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3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.

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R1 BY ADV.SRI.P.PARAMESWARAN NAIR, ASG OF INDIA R3 BY ADV.SRI.JOE KALLIATH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9337 of 2012 (N)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXT.P1A:	COPY OF THE CERTIFICATE OF AFFILIATION FROM THE COUNCIL FOR INDIAN SCHOL CERTIFICATE EXAMINATION, NEW DELHI DT 3/12/1977
EXT.P1B:	COPY OF THE REGISTRATION CERTIFICATE OF THE 1ST PETITIONER INSTITUTION NO.K.97/1976.
EXT.P1C:	COPY OF THE RESOLUTION PASSED BY THE CORPUS CHRISTI EDUCATIONAL SOCIETY, KOTTAYAM DT 10/3/1999.
EXT.P1D:	COPY OF THE LETTER DT.22/3/1999 FROM THE COUNCIL FOR INDIAN SCHOOL CERTIFICATE EXAMINATION.
EXT.P1E:	COPY OF ARTICLE WRITTEN BY THE 2ND PETITIONER ABOUT THE REMRKABLE ACHIEVEMENT OF THE STUDENTS OF PALLIKOODAM.
EXT.P2:	COPY OF THE KERALA RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2011.
EXT.P3:	COPY OF THE NOTIFICATION NO.GO(MS)NO.202/11/G.EDN DTED 7/10/2011.

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RESPONDENTS' EXHIBITS - NIL

//TRUE COPY//

P.A TO JUDGE

P.R.RAMACHANDRA MENON, J.

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W.P.(C) NO. 9337 of 2012 (N)

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Dated this the 10^th day of October, 2012

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JUDGMENT

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The petitioners have approached this Court with the following prayers :

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i) declare that Section 16 to 19 and 21 of the Right of Children to Free and Compulsory Education Act 2009 are ultra vires the Constitution of India and Violative of Article 14, 19 and 21 of the Constitution.

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ii) call for the records leading to Ext.P3 order and issue a writ of certiorari or any other appropriate writ, order or direction quashing Clauses (iii), (iv), (vi), (viii), (ix), (x), (xi) and (xiv) of Ext.P3 order; iii) declare that Ext.P3 order promulgated by the 3^rd respondent State Government as Kerala Right of Children to Free and Compulsory Education Rules 2011 cannot be made applicable to the petitioners' school affiliated to the Council for ISCE, New Delhi, which is established and controlled by the 1^st respondent Ministry of Human Resources Development, New Delhi;

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iv) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to refrain from enforcing any of the provisions of the Right of Children to Free and Compulsory Education Act 2009 and the Rules framed there under (Ext.P2) as far as the school run by the 1^st petitioner is concerned; and

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v) pass such further orders as may be deemed fit and necessary in the circumstances of the case.

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W.P.(C) NO. 9337 of 2012 (N)

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During the course of hearing, it is brought to the notice of this Court that, correctness and validity of Ext.P3 G.O. dated 07.10.2011 came to be examined by a Division Bench of this Court in W.A No.1042/2012 and connected cases and after detailed hearing, clauses (iv), (vi) and (xiv) have been set aside, also dealing with some other relevant clauses like Clause (viii) as well, giving appropriate directions to the Government to consider the application for 'NOC' and to have it finalised, as specified.

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After hearing both the sides, this Court finds that, the petitioners are also entitled to have similar benefits. It is declared accordingly and the writ petition is disposed of, directing the concerned respondent to consider the claim of the petitioner and to pass appropriate orders in accordance with law, extending the benefit of the judgment passed by the Division Bench in W.A No.1042/2012 and connected cases, forthwith.

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sd/-

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P.R.RAMACHANDRA MENON, JUDGE

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AMV

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W.P.(C) NO. 9337 of 2012 (N)

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W.P.(C) NO. 9337 of 2012 (N)

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