R.M.Parameswaran, Manager, Mulamana Vhss v. Union of India and Another

Kerala HC7 Nov 2016WP(C)/23214/2011

Case brief

AI extract

What is this about?

In this final single-head order, the Court observed that since the petitioners alleged no minority unaided status, the challenge to the Right to Free and Compulsory Education Act is covered by the Supreme Court verdict in Society for Unaided Private Schools of Rajasthan. The petition was closed without prejudice to rights on questions not covered by that precedent.

What did the court decide?

The writ petition is closed without prejudice to the petitioner's rights to agitate questions not covered by the cited Supreme Court judgment.

R.M.Parameswaran, Manager, Mulamana Vhss Vs Union of… — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 7TH DAY OF NOVEMBER 2016/16TH KARTHIKA, 1938

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WP(C).No. 23214 of 2011 (B)

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PETITIONER(S) :

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R.M.PARAMESWARAN, MANAGER, MULAMANA VHSS AND HSS, ANAKUDY POST, VAMANAPURAM VIA,, THIRUVANANTHAPURAM-695 606.

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P.C.KANAKARAJ, MANAGER,

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AZHIYOOR EAST UP SCHOOL, AZHIYOOR POST, KOZHIKODE DISTRICT, PIN-673 309.

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V.M.MURALEEDHARAN, MANAGER, AUP SCHOOL VELLAMUNDA, POST KATTAYAD, WYNAD-670 731.

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GOPALAKRISHNAN,

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MANAGER, VAIKKILASSERY UP SCHOOL, POST VAIKKILASSERY, VADAKARA, KOZHIKODE- 673 104.

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M.SASIDHARAN,

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MANAGER, NALLUR EAST A.U.P.SCHOOL,, POST PERUMUGHAM, FEROKE, KOZHIKODE-673 631.

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K.GOKULAN, MANAGER,

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MANNUR NORTH AUP SCHOOL, POST MANNUR, KOZHIKODE-673 328.

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M.V.SUSHEELA, MANAGER, S.V.A.U.P. SCHOOL, CHELEMBRA,, POST PULLIPARAMBA, MALAPPURAM-673 634.

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K.ARAVINDAKSHAN, MANAGER, C.M.CHATHUKUTTY MEMORIAL HIGHER SECONDARY SCHOOL, MANNUR NORTH, POST KADALUNDI, KOZHIKODE-673 328.

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K.P.SAROJINI, MANAGER, RAMAVILASAM HIGHER SECONDARY SCHOOL, CHOKLI, POST OLAVILAM, KANNUR DISTRICT, PIN-673 313.

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..2/-

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..2..

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WP(C).No. 23214 of 2011 (B)

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10. T.K.VASUDEVAN NAIR, MANAGER, THIRUVANGOOR HIGHER SECONDARY SCHOOL, POST THIRUVANGOOR, VIA.CHEMANCHERI, KOZHIKODE.

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11. K.P.BHASKARAN, MANAGER, A.L.P.SCHOOL, KALPATHOOR, POST KALPATHOOR, KOZHIKODE-673 524.

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BY SRI.KURIAN GEORGE KANNANTHANAM (SENIOR ADVOCATE) ADVS. SRI.JIJI THOMAS SRI.MATHEW K. SIMON SRIG.B.SHAMJITH

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RESPONDENT(S) :

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1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPT. OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF INDIA, NEW DELHI-110 001.

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2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION, DEPT., GOVT. OF KERALA, SECRETARIAT ANNEXURE, TRIVANDRUM-695 001.

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3. DIRECTOR OF PUBLIC INSTRUCTION, SECRETARIAT ANNEXURE, TRIVANDRUM-695 001.

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R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 & R3 BY GOVERNMENT PLEADER SMT. RAJI T.BHASKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 23214 of 2011 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE KERALA RIGHT TO CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2011.

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EXHIBIT P2: TRUE COPY OF THE SCHEDULE APPEND TO RIGHT TO CHILDREN TO FREE AND COMPULSORY EDUCATION, ACT 2009.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

ANU SIVARAMAN, J.

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= = = = = = = = = = = = = = = W.P.(C).No.23214 of 2011

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= = = = = = = = = = = = = = = Dated this the 7^th day of November, 2016

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JUDGMENT

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1.The challenge in this writ petition is against the provisions of the Right of Children to Free and Compulsory Education Act and Rules.

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2.The learned Government Pleader would submit that the vires of the Act has already been upheld by this Court in a decision reported in Society for Unaided Private Schools of Rajasthan v. Union of India and another [2012 (6) SCC 1]. It is further held by the Apex Court that the Act infringes the fundamental freedom guaranteed to unaided minority schools and would not apply to such schools. It is further held that judgment would operate prospectively from academic year 2012-13.

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3.In this case, there is no plea that the institutions are unaided minority institutions. In the above view of the matter, the question of validity of the Act stands covered against the

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W.P.(C).No.23214/11

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petitioners by the judgment of this Court in Society for Unaided Private Schools of Rajasthan's case (supra).

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This writ petition is, therefore, closed without prejudice to the rights of the petitioner to agitate any question which is not covered by the decision referred to above.

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sd/- Anu Sivaraman, Judge

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sj7/11

R.M.Parameswaran, Manager, Mulamana Vhss v. Union of India and Another

Case brief

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R.M.Parameswaran, Manager, Mulamana Vhss v. Union of India and Another

Case brief

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