Disposed

Manager, J.M.H.S., Kollam v. State of Kerala

Kerala HC30 Nov 2018WP(C)/23191/2018

Case brief

AI extract

What is this about?

School managers challenged directions to remove classroom CCTV cameras. The court set aside the impugned orders, holding that the education directors lacked authority to regulate installation without delegated legislation. It maintained the direction to remove cameras from toilets and left the State free to frame suitable regulations.

What did the court decide?

Orders directing removal of classroom CCTV cameras set aside; direction to remove cameras from toilets made absolute.

Manager, J.M.H.S., Kollam Vs State of Kerala — Education and Admissions | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶5

WP(C).No.21448 of 2018

¶6

PETITIONER/S:

¶7

1 K.IBRAHIM, MANAGER, AKM HIGHER SECONDARY SCHOOL, KOTTOOR, INDIANOOR P.O., MALAPPURAM DISTRICT.

¶8

2 JUNAID PARAVAKKAL, PARENTS-TEACHERS ASSOCIATION PRESIDENT, AKM HIGHER SECONDARY SCHOOL, KOTTOOR, INDIANOOR P.O., MALAPPURAM DISTRICT.

¶9

BY ADV. DR.GEORGE ABRAHAM

¶10

RESPONDENT/S:

¶11

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶12

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 014.

¶13

3 DEPUTY DIRECTOR OF EDUCATION,

¶14

MALAPPURAM DISTRICT, PIN-676 505.

¶15

4 DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT, PIN-676 505.

¶16

ADDL R5 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM (IS IMPLEADED AS ADDL.R5 AS PER ORDER DATED 26.07.2018 IN I.A.NO.13176/2018).

¶17

BY SPECIAL GOVERNMENT PLEADER, SRI.S. KANNAN

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C).NO.23191/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C)No.21448/2018 and conn.cases 2

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶23

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶24

WP(C).No.23191 of 2018

¶25

PETITIONER/S:

¶26

MANAGER, J.M.H.S.,PORUVAZHY P.O, SASTHAMCOTTA, KOLLAM DISTRICT-690 520.

¶27

BY ADVS. SRI.CHERIAN GEE VARGHESE SRI.BIJU HARIHARAN SRI.P.C.SHIJIN SRI.P.HARIDAS SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.RISHIKESH HARIDAS

¶28

RESPONDENT/S:

¶29

1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶30

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN-695 014.

¶31

3 DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691 009.

¶32

4 DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA-691 506.

¶33

BY SPECIAL GOVERNMENT PLEADER,SRI.S.KANNAN

¶34

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶35

WP(C)No.21448/2018 and conn.cases 3

¶36

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶37

PRESENT

¶38

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶39

FRIDAY ,THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶40

WP(C).No. 23885 of 2018

¶41

PETITIONER/S:

¶42

1 T.SIVASANKARAN, AGED 62 YEARS, S/O. RAMATHARAKAN, MANAGER, A.L.P SCHOOL, MANGODE, CHERPULASSERY-679 503.

¶43

2 SUBRAMANIAN. C., MANAGER, A.U.P SCHOOL, SREEKRISHNAPURAM, CHERPULASSERY.

¶44

3 NARAYANAN EZHUTHACHAN, MANAGER, SREE RAMA JAYAM A.L.P SCHOOL, ESWARAMANGALAM,SREEKRISHNAPURAM, CHERPULASSERY.

¶45

4 GINESH P.B., MANAGER, N.N NAMBOODIRI MEMORIAL U.P SCHOOL, KARALMANNA, CHERPULASSERY.

¶46

BY ADV. DR.GEORGE ABRAHAM

¶47

RESPONDENT/S:

¶48

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

¶49

2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶50

3 DEPUTY DIRECTOR OF EDUCATION, PALAKKAD - 678 001.

¶51

4 ASSISTANT EDUCATIONAL OFFICER, CHERPULASSERY - 679 503.

¶52

BY SRI.S.KANNAN, SPECIAL GOVERNMENT PLEADER

¶53

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶54

WP(C)No.21448/2018 and conn.cases 4

¶55

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶56

PRESENT

¶57

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE

¶58

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶59

WP(C).No.24564 of 2018

¶60

PETITIONER/S:

¶61

1 O.K.MOIDU, SON OF O. ALI, AGED 74 YEARS, MANAGER, ANANGANNADI HIGHER SECONDARY SCHOOL, P.O. PANAMANNA, OTTAPALAM, PALAKKAD DISTRICT-679 501.

¶62

2 DR. K. RAVIKUMAR, SON OF LATE K. KUTTAN PILLA, AGED 59 YEARS, MANAGER, KPS MM HIGHER SECONDARY SCHOOL, VARODE, PALAKKAD DISTRICT-679 102.

¶63

BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD

¶64

RESPONDENT/S:

¶65

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001.

¶66

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.

¶67

3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BAORD BUILDING, SANTHI NAGAR,THIRUVANANTHAPRUAM-695 001.

¶68

4 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD-678 001.

¶69

5 THE REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION B2 BLOCK, CIVIL STATION RD, UP HILL, MALAPPURAM-676 505.

¶70

6 THE DISTRICT EDUCATIONAL OFFICER OTTAPPALAM, PALAKKAD DISTRICT-679 101.

¶71

BY SRI.S.KANNAN, SPECIAL GOVERNMENT PLEADER

¶72

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶73

WP(C)No.21448/2018 and conn.cases 5

¶74

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶75

PRESENT

¶76

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶77

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶78

WP(C).No.25187 of 2018

¶79

PETITIONER/S:

¶80

T.S. PADMAKUMARI, WIFE OF LATE JAYAKUMAR P., AGED 59 YEARS, MANAGER, PUPSM HIGH SCHOOL, PALLICKAL, P.O.NORNAD, PATHANAMTHITTA DISTRICT- 690504.

¶81

BY ADVS.

¶82

SRI.V.A.MUHAMMED

¶83

SRI.V.RAJASEKHARAN NAIR

¶84

RESPONDENT/S:

¶85

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001.

¶86

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶87

3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

¶88

4 THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA - 689 101.

¶89

5 THE REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, KOTTAYAM - 686 001.

¶90

6 THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA - 689 001.

¶91

BY SPECIAL GOVERNMENT PLEADER, SRI.S.KANNAN

¶92

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶93

WP(C)No.21448/2018 and conn.cases 6

¶94

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶95

PRESENT

¶96

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE

¶97

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶98

WP(C).No.25279 of 2018

¶99

PETITIONER/S:

¶100

K.S.BAIJU, SON OF K.V.SUSEELAN, AGED 49 YEARS, MANAGER, VELAYUDHA PANICKER MEMORIAL HSS, VELLARADA, THIRUVANANTHAPURAM DISTRICT-695 505.

¶101

BY ADV. SRI.V.A.MUHAMMED

¶102

RESPONDENT/S:

¶103

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXURE-11,THIRUVANANTHAPURAM-695 001.

¶104

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.

¶105

3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUNSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

¶106

4 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 001.

¶107

5 THE REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695 001.

¶108

6 THE DISTRICT EDUCATIONL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695 121.

¶109

BY ADV.SRI.S.KANNAN, SPECIAL GOVERNMENT PLEADER

¶110

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶111

WP(C)No.21448/2018 and conn.cases 7

¶112

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶113

PRESENT

¶114

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶115

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶116

WP(C).No.26125 of 2018

¶117

PETITIONER/S:

¶118

THE MANAGER, CMM HIGHER SECONDARY SCHOOL, THALAKULATHUR, KOZHIKKODE-603203.

¶119

BY ADVS. SRI.T.T.MUHAMOOD SRI.A.RENJIT SRI.C.Y.VINOD KUMAR SRI.MOHAMMED SAVAD SRI.V.E.ABDUL GAFOOR

¶120

RESPONDENT/S:

¶121

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶122

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.

¶123

3 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673001.

¶124

4 THE DISTRICT EDUCATIONL OFFICER, KOZHIKODE-673001.

¶125

BY SPECIAL GOVERNMENT PLEADER, SRI.S.KANNAN

¶126

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶127

WP(C)No.21448/2018 and conn.cases 8

¶128

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶129

PRESENT

¶130

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶131

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶132

WP(C).No.26168 of 2018

¶133

PETITIONER/S:

¶134

P.MURALEEDHARAN, AGED 57 YEARS, MANAGER, SABARI HIGHER SECONDARY SCHOOL, PALLIKURUP, (VIA)MANNARKAD.

¶135

BY ADV. DR.GEORGE ABRAHAM

¶136

RESPONDENT/S:

¶137

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶138

2 DIRECTOR OF PUBLIC INSTRUCTIONS,

¶139

JAGATHY, THIRUVANANTHAPURAM- 695 014.

¶140

3 DEPUTY DIRECTOR OF EDUCATION,

¶141

PALAKKAD- 678 001.

¶142

4 DISTRICT EDUCATIONAL OFFICER, MANNARKKAD- 678 541.

¶143

5 DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM- 695 001.

¶144

BY SPECIAL GOVERNMENT PLEADER, SRI.S.KANNAN

¶145

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶146

WP(C)No.21448/2018 and conn.cases 9

¶147

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶148

PRESENT

¶149

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE

¶150

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶151

WP(C).No.35519 of 2018

¶152

PETITIONER/S:

¶153

SANGEETHA SOCIETY MANAGEMENT CORPORATE AIDED SCHOOLS, (OWNED BY SANGEETHA AGRI-INDUSTRIAL SOCIAL WELFARE AND EDUCATIONAL SOCIETY ER 380/02), PALAMATTAM P.O., KOTHAMANGALAM, REPRESENTED BY ITS CHAIRMAN T.P.VARGHESEKUTTY, THEKKILAKKAT HOUSE, PALAMATTAM P.O., KOTHAMANGALAM.

¶154

BY ADVS. SRI.M.A.ABDUL HAKHIM SRI.JOSEPH GEORGE (KANNAMPUZHA)

¶155

RESPONDENT/S:

¶156

1 THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

¶157

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN-695001.

¶158

3 DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PIN-678001.

¶159

4 DISTRICT EDUCATIONAL OFFICER, CHITTOOR, PALAKKAD, PIN-678001.

¶160

5 ASSISTANT EDUCATIONAL OFFICER, CHITTOOR, PALAKKAD, PIN-679101.

¶161

BY SPECIAL GOVERNMENT PLEADER, SRI.S.KANNAN

¶162

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶163

WP(C)No.21448/2018 and conn.cases 10

¶164

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶165

PRESENT

¶166

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶167

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶168

WP(C).No.28129 of 2018

¶169

PETITIONER/S:

¶170

1 P.MURALIDHARAN, AGED 42 YEARS, MANAGER, HIGHER SECONDARY SCHOOL, KADAMBUR, KANNUR DISTRICT-670663.

¶171

2 KADAMBUR HIGHER SECONDARY SCHOOL, PARENT TEACHER'S ASSOCIATION, KADAMBUR, KANNUR DISTRICT-670663, REPRESENED BY THE PRESIDENT SAJEEVAN VENGILAT, VENGILAT HOUSE, MELOOR P.O, THALASSERY, KANNUR DISTRICT-670661.

¶172

BY ADV. GEORGE POONTHOTTAM

¶173

RESPONDENT/S:

¶174

1 UNION OF INDIA, REPRESENTED BY THE MINISTRY OF HUMAN DEVELOPMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, SASTHRI BHAVAN, NEW DELHI-110115.

¶175

2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY THE SECRETARY, SIKSHA KENDRA, COMMUNITY CENTRE, PREETH VIHAR, DELHI-110091.

¶176

3 THE SECRETARY TO GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶177

4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014.

¶178

5 THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, 2ND FLOOR, THAMPANOOR-PANAVILA ROAD, SANTHI NAGAR, THYCAUD, THIRUVANANTHAPURAM, PIN-695001

¶179

BY ADVS. SRI.NIRMAL S., SC, CBSE SRI.S.KANNAN, SPECIAL GOVERNMENT PLEADER SRI.HARIDAS P.NAIR, CGC

¶180

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶181

WP(C)No.21448/2018 and conn.cases 11

¶182

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶183

PRESENT

¶184

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶185

FRIDAY, THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940

¶186

WP(C).No.29581 of 2018

¶187

PETITIONER/S:

¶188

THE MANAGER, AGED 84 YEARS, PAVANDOOR HIGHER SECONDARY SCHOOL, PAVANDOOR, P.O., KOZHIKODE DISTRICT-673613.

¶189

BY ADV. SRI.V.A.MUHAMMED

¶190

RESPONDENT/S:

¶191

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRTARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.

¶192

2 THE DIRECTOR OF HIGHER SECONDARY SCHOOL, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

¶193

3 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHPURAM-695014.

¶194

4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE-673020.

¶195

5 THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673020.

¶196

6 THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT-673573.

¶197

7 THE STATION HOUSE OFFICER, KAKKUR POLICE STATION, KAKKUR, KOZHIKODE-673613.

¶198

BY SPECIAL GOVERNMENT PLEADER, SRI.S.KANNAN

¶199

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2018, ALONG WITH WP(C)NO.21448/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶200

[WP(C) 23191/2018,WP(C).21448/2018, WP(C).23885/2018,WP(C).24564/2018, WP(C).25187/2018,WP(C).25279/2018, WP(C).26125/2018,WP(C).26168/2018 WP(C).28129/2018,WP(C).29581/2018, WP(C).35519/2018]

¶201

JUDGMENT “C.R.”

¶202

In these bunch of writ petitions, the petitioners challenge the directions

¶203

issued by the Director of Public Instructions as well as the Director of Higher Secondary School to remove CCTV cameras installed in the classrooms. The petitioners are Managers of recognised/aided schools in the State.

¶204

The problem presented in these writ petitions calls for a

¶205

decision as to how to balance competing rights involved in a relationship. The stand of the school authority is that such installation of CCTV cameras are indispensable to monitor the class and also to protect the students. Safety and security angle are projected to justify installation of cameras. It is also urged that in order to maintain discipline it is essential to have CCTV cameras in the classrooms. This Court, in fact, by an interim order in

¶206

all these writ petitions directed the petitioners to remove the cameras installed in the toilets as it would have a direct impact on the privacy of the users of such toilets. This Court find no reason to vary that interim order.

¶207

Therefore, that interim order is made absolute.

¶208

WPC 21448/2018 & c/cases

¶209

-:2:-

¶210

It appears that several complaints have been raised, as

¶211

against installation of cameras, by the parents and teachers. The stand of the official respondents is that installation of CCTV cameras in the classrooms amount to harassment and would invade into the privacy of teachers as well as students. It appears that a complaint was also lodged before the State Human Rights Commission. The complaint was forwarded to the Director of Public Instructions to submit a report. Complaints also have been lodged by some of the students alleging that installation of CCTV cameras in classrooms negate complete freedom available to them.

¶212

Right of the management to take such measures to protect safety and security of the students cannot be questioned. At the same time, the right of the students to protect themselves from the constant surveillance of the cameras also cannot be ignored. Safety, security and privacy will have to be balanced. In a particular relationship when there are competing rights overlapping each other, the foremost question that would arise for consideration is whether public officials, who are only discharging statutory and administrative functions are competent to pass such orders in the absence of any specific provisions in that regard in the statute.

¶213

WPC 21448/2018 & c/cases

¶214

-:3:-

¶215

The regulation as such now sought to be enforced in regard to installation of CCTV cameras would have direct infringement on the right of the Management to manage and administer the schools. The regulatory powers of administrative and regulatory authorities in regard to management must be traceable to legislation or executive decision. Regulatory intervention would be required if such regulation is designed to serve the object of the regulations. The Director of Public Instructions and the Director of Higher Secondary Education cannot assume themselves as a Regulator, unless they derive such power to regulate, within the ambit of the power given to them.

¶216

The essential legislative power includes the power to regulate the behaviour of individuals or the right of individuals. This essential legislative power, normally, cannot be delegated. The power now exercised by the Director of Public Instructions as well as the Director of Higher Secondary Education is in the nature of legislative function in a sense that the impact of exercise of such power would restrict the right of management of the school. Therefore, in the absence of any delegated legislation, the officials as above could not have exercised the power to regulate installation of CCTV. The installation of CCTV cameras cannot be viewed in isolation of the object for which it was installed. Security and

¶217

WPC 21448/2018 & c/cases

¶218

-:4:-

¶219

safety are the concern. If the order of removal can be justified on the ground of privacy, installation also can be justified on the ground of safety and security. Thus, this delicate balancing of rights will have to be resolved through the legislative mandates or executive decision. It is for the State or the Government to decide the same. It appears that the officials have ignored the purport and object of installation of CCTV cameras. This Court cannot balance such competing rights without the same being considered by the State. No doubt, the individual concerned, who is aggrieved by the installation, still has the constitutional remedy. This Court is only pointing out that such a balancing exercise will have to

¶220

be done by the State or by this Court when the aggrieved approach.

¶221

Installation as such now being not contrary to any of the statutory provisions, I am of the view that the impugned order has to be set aside. Accordingly, I do so. Thus, the writ petitions are disposed setting aside the impugned orders. Liberty is given to the State to come out with suitable regulations. No costs.

¶222

Sd/-

¶223

A.MUHAMED MUSTAQUE

¶224

JUDGE

¶225

WPC 21448/2018 & c/cases

¶226

-:5:-

¶227

APPENDIX OF WP(C)NO.21448/2018

¶228

PETITIONER'S/S EXHIBITS:

¶229

EXHIBIT P1 TRUE COPY OF THE ORDER NO.NM.4/72280/2017/DPI DATED 19.11.2017. EXHIBIT P2 TRUE COPY OF THE SCHOOL PERFORMA NO.1 SHOWING THE TOTAL NUMBER OF THE STUDENTS IN THE SCHOOL. EXHIBIT P3 TRUE COPY OF THE LIST OF TEACHING AND NONTEACHING STAFF IN THE SCHOOL. EXHIBIT P4 TRUE COPY OF THE FITNESS CERTIFICATE DATED 31.10.2017 ISSUED BY THE ASST. ENGINEER, LOCAL SELF-GOVERNMENT DEPARTMENT. EXHIBIT P5 PHOTOGRAPH SHOWING THE CCTV CAMERA FIXED IN FRONT OF THE SCHOOL. EXHIBIT P6 PHOTOGRAPH SHOWING THE CCTV CAMERA INSTALLED IN THE LIBRARY OF THE SCHOOL. EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPH SHOWING CCTV CAMERA INSTALLED ON THE TOP OF CLASS-ROOM.

¶230

EXHIBIT P8 TRUE COPY OF THE ORDER ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 12.07.2018.

¶231

RESPONDENTS EXHIBITS:

¶232

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 13.09.2017 TOGETHER WITH THE COMPLAINT DATED 17.08.2017, ISSUED FROM THE KERALA STATE HUMAN RIGHTS COMMISSION.

¶233

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 13.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶238

-:6:-

¶239

APPENDIX OF WP(C)NO.23191/2018

¶240

PETITIONER'S/S EXHIBITS:

¶241

EXHIBIT P1 THE ORDER OF THE 4TH RESPONDENT APPROVING THE APPOINTMENT OF THE PETITIONER AS MANAGER

¶242

EXHIBIT P2 TRUE COPY OF THE CIRCULAR M.4/72280/2017/DPI DATED 19-11-2017

¶243

RESPONDENTS EXHIBITS:

¶244

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 13.09.2017 TOGETHER WITH THE COMPLAINT DATED 17.08.2017, ISSUED FROM THE KERALA STATE HUMAN RIGHTS COMMISSION.

¶245

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 13.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶250

-:7:-

¶251

¶252

PETITIONER'S/S EXHIBITS:

¶253

EXHIBIT P1 TRUE COPY OF THE ORDER NO.NM.4/72280/2017/DPI DATED 19/11/2017.

¶254

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER IN W.P(C) NO. 21448/18.

¶255

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶260

-:8:-

¶261

¶262

PETITIONER'S/S EXHIBITS:

¶263

EXHIBIT P1 TRUE COPY OF THE LETTER NO. M4/72280/2017/DPI DATED 19/11/2017 ISSUED BY THE 2ND RESPONDENT.

¶264

EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.ACD.C2/112803/HSE DATED 12/7/2018 ISSUED BY THE 3RD RESPONDENT.

¶265

EXHIBIT P3 TRUE COPY OF THE NEWS PUBLISHED IN MATHRUBHUMI DAILY

¶266

RESPONDENTS EXHIBITS:

¶267

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 13.09.2017 TOGETHER WITH THE COMPLAINT DATED 17.08.2017, ISSUED FROM THE KERALA STATE HUMAN RIGHTS COMMISSION.

¶268

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 13.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶273

-:9:-

¶274

¶275

PETITIONER'S/S EXHIBITS:

¶276

EXHIBIT P1. TRUE COPY OF THE LETTER NO.M4/72280/2017/DPI DATED 19.11.2017 ISSUED BY THE 2ND RESPONDENT.

¶277

EXHIBIT P2. TRUE COPY OF THE CIRCULAR NO.ACD.C/112803/HSE DATED 12.07.2018 ISSUED BY THE 3RD RESPONDENT.

¶278

EXHIBIT P3. TRUE COPY OF THE NEWS PUBLISHED IN MATHRUBHUMI DAILY DATED 07.06.2018.

¶279

RESPONDENTS EXHIBITS:

¶280

EXHIBIT R2(A) TRUE COPY OF THE COMPLAINT DATED 13.07.2018

¶281

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 11.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶286

-:10:-

¶287

¶288

PETITIONER'S/S EXHIBITS:

¶289

EXHIBIT P1; TRUE COPY OF THE LETTER NO.M4/72280/2017/DPI DATED 19.11.2017 ISSUED BY THE 2ND RESPONDENT.

¶290

EXHIBIT P2; TRUE COPY OF THE CIRCULAR NO.ACD.C2/112803/HSE DATED 12.7.2018 ISSUED BY THE 3RD RESPONDENT.

¶291

EXHIBIT P3; TRUE COPY OF THE NEWS PUBLISHED IN MATHRUBHUMI DAILY.

¶292

RESPONDENTS EXHIBITS:

¶293

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 13.09.2017 TOGETHER WITH THE COMPLAINT DATED 17.08.2017, ISSUED FROM THE KERALA STATE HUMAN RIGHTS COMMISSION.

¶294

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 13.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶299

-:11:-

¶300

¶301

PETITIONER'S/S EXHIBITS:

¶302

EXHIBIT P1; TRUE COPY OF LETTER NO.M4/72280/2017/DPI DATED 19.11.2017.

¶303

EXHIBIT P2; TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.21448/2018 DATED 28.06.2018.

¶304

RESPONDENTS EXHIBITS:

¶305

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 13.09.2017 TOGETHER WITH THE COMPLAINT DATED 17.08.2017, ISSUED FROM THE KERALA STATE HUMAN RIGHTS COMMISSION.

¶306

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 13.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶311

-:12:-

¶312

¶313

PETITIONER'S/S EXHIBITS:

¶314

EXHIBIT P1; TRUE COPY OF ORDER NO.NM/72289/2017/DPI DATED 19.11.2017.

¶315

EXHIBIT P2; TRUE COPY OF THE CIRCULR ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 12.7.2018.

¶316

RESPONDENTS EXHIBITS:

¶317

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 13.09.2017 TOGETHER WITH THE COMPLAINT DATED 17.08.2017, ISSUED FROM THE KERALA STATE HUMAN RIGHTS COMMISSION.

¶318

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 13.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶323

-:13:-

¶324

¶325

PETITIONER'S/S EXHIBITS:

¶326

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION D.O.NO.10-11/2014-EE.4 DATED 09.10.2014 ISSUED BY GOVERNMENT O INDIA, WITH ANNEXURES, TO ALL STATE GOVERNMENTS INCLUDING THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.CBSE/ACAD/DIR(ARTI)/2015 DATED 9TH MARCH 2015 ISSUED BY CBSE TO ALL INSTITUTIONS. EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.CBSE/AFF/CIRCULAR8/2017/1217401 DATED 23.2.2017 ISSUED BY THE 2ND RESPONDENT WITH ENCLOSURES. EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.CBSE/AFF/SCHOOL SAFETY/19 DATED 12.9,2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO.M.4/72280/2017 /DPI DATED 19.11.2017 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P6 TRUE COY OF THE CIRCULAR NO.ACD.C2/72280/2017 DPI DATED 19.11.2017 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE COMPLAINT AND THE REPLY RECEIVED ON AN APPLICATION UNDER RIGHT TO INFORMATION ACT.

¶327

RESPONDENTS EXHIBITS:

¶328

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 13.09.2017 TOGETHER WITH THE COMPLAINT DATED 17.08.2017, ISSUED FROM THE KERALA STATE HUMAN RIGHTS COMMISSION. EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 13.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶333

-:14:-

¶334

¶335

PETITIONER'S/S EXHIBITS:

¶336

EXHIBIT P1 TRUE COPY OF THE LETTER NO.M4/72280/2017/DPI DATED 19.11.2017 ISSUED BY THE 2ND RESPONDENT.

¶337

EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.ACD.C2/112803/HSE DATED 12.7.2018 ISSUED BY THE 3RD RESPONDENT.

¶338

EXHIBIT P3 TRUE COPY OF THE NEWS PUBLISHED IN MATHRUBHUMI DAILY.

¶339

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.25279/2018-H DATED 27.07.2018.

¶340

RESPONDENTS EXHIBITS:

¶341

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 13.09.2017 TOGETHER WITH THE COMPLAINT DATED 17.08.2017, ISSUED FROM THE KERALA STATE HUMAN RIGHTS COMMISSION.

¶342

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 13.07.2018.

//TRUE COPY//

P.S.TO JUDGE

WPC 21448/2018 & c/cases

¶347

-:15:-

¶348

¶349

PETITIONER'S/S EXHIBITS:

¶350

EXHIBIT P1 A PHOTOSTAT COPY OF THE BYE LAW OF THE PETITIONER APPROVED BY RESPONDENTS 3 AND 5.

¶351

EXHIBIT P2 A PHOTOCOPY COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT.

¶352

RESPONDENTS EXHIBITS: NIL.

¶353

//TRUE COPY//

¶354

P.S.TO JUDGE

¶355

Manager, J.M.H.S., Kollam v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manager, J.M.H.S., Kollam v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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