Allowed

The Manager, St.George L.P.School v. the State of Kerala

Kerala HC11 Sept 2018WP(C)/9258/2017

Case brief

AI extract

What is this about?

The petitioner's writ petition seeking recognition of an unrecognised school under the Right of Children to Free and Compulsory Education Act, 2009 was pending due to unexplained delays. The court set aside the rejection order and directed authorities to decide the application within three months, relying on a common judgment confirming the Act is self-contained without policy cut-offs.

What did the court decide?

Impugned order set aside; petitioner directed to re-submit application; authorities directed to conclude matter within three months.

The Manager, St.George L.P.School Vs the State of… — Education and Admissions | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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TUESDAY ,THE 11TH DAY OF SEPTEMBER 2018 / 20TH BHADRA, 1940

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WP(C).No. 9258 of 2017

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PETITIONER/S:

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THE MANAGER, ST.GEORGE L.P.SCHOOL CHENKULAM, OYOOR, KOTTARAKKARA, KOLLAM DISTRiCT691 510

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BY ADVs. SRI.R.K.MURALEEDHARAN SMT.ATHIRA A MENON.

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RESPONDENT/S:

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

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2 THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHI, THIRUVANANTHAPURAM - 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, KOLLAM DISTRICT - 691 510.

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4 TRHE ASSISTANT EDUCATIONAL OFFICER VELIYAM, ODANAVATTAM P.O,KOLLAM DISTRICT - 691 512.

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OTHER PRESENT:

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B.UNNIKRISHNA KAIMAL, GOVERNMENT PLEADER.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.9258/2017

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J U D G M E N T

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The petitioner had established an elementary school in the year 1984. The petitioner had not obtained any recognition so far. The petitioner approached the educational authority to obtain recognition in terms of the provisions of Right of Children to Free and Compulsory Education Act, 2009. This was declined stating that the application was submitted after the time fixed for receiving such application. Pursuant to the directions of this Court in Writ Appeal No.794 of 2017 arising from an interim order passed by this Court, the Director of Public Instruction considered the matter and rejected the application stating that since no policy decision has been taken, recognition cannot be granted. Ext.P11 is the decision of the Director of Public Instruction.

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This Court, in the common judgment in Dynamic English Medium School vs. State of Kerala (2018 (3) KLT 521), held that Right of Children to Free and Compulsory Education Act, 2009 is a self contained Act. If the school fulfils all such norms prescribed under the Schedule, they would be entitled for recognition and it is not depend upon the policy of the Government. It was also held that there is no outer limit for compliance of the mandate under the Act and there may not be any cut off date for accepting such application for recognition.

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W.P.(C) No.9258/2017

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In view of the fact that the Government is not proposing to take any action against the schools which had already established, for the current academic year, there cannot be any threat of closure to the petitioner. The petitioner shall re-submit the application before the Assistant Educational Officer of the competent jurisdiction. He shall take the matter to a logical conclusion within a period of three months. All the directions in the common judgment except with regard to the time schedule shall also be followed in consideration of the petitioner's application. Accordingly, the impugned order is set aside.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE G.O(MS) 184/2013/G.EDN DATED 10-06-2013 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2	A TRUE COPY OF THE G.O(RT) 4078/14/G.EDN DATED 09-10-2014 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P3	A TRUE COPY OF THE RELEVANT PAGES OF APPLICATION ALONG THE CHECK LIST ATTACHED WITH THE APPLICATION DATED 24-11-2014
EXHIBIT P4	A TRUE COPY OF THE G.O(ORD) 114/2015/G.EDN DATED 14-05-2015 IS ISSUED BY THE 1ST RESPONDENT

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W.P.(C) No.9258/2017

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EXHIBIT P4(a) A TRUE COPY OF THE G.O(RD) 282/2015/G.EDN DATED 09-11-2015 EXHIBIT P5 A TRUE COPY OF THE COVERING LETTER FROM THE INFORMATION OFFICER DATED 10-11-2016 ALONG WITH THE RELEVANT PAGE OF THE REPLY UNDER THE RTI ACT EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE MINISTER FOR EDUCATION DATED 02-022016 EXHIBIT P6(a) TRUE COPY OF THE CHECK LIST FOR RECOGNITION FORWARDED BY THE 4TH RESPONDENT EXHIBIT P6(b) TRUE COPY OF THE UID OF STUDENTS COUNTER SIGNED BY THE 4TH RESPONDENT EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE POOYAPPALLY GRAMA PANCHAYATH DATED 14-112014 EXHIBIT P8 A TRUE COPY OF THE RELEVANT PAGE OF REPLY RECEIVED UNDER THE RTI ACT EXHIBIT P9 A TRUE COPY OF THE FILE NOTING BY THE EDUCATION MINISTER DATED 16-07-2016 EXHIBIT P10 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 10-02-2017 EXHIBIT P11 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 17.03.2018. RESPONDENTS' EXHIBITS NIL.

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True copy

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P.S to Judge

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smp

The Manager, St.George L.P.School v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager, St.George L.P.School v. the State of Kerala

Case brief

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What did the court decide?

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