Disposed

Rajkishor C v. State of Kerala

Kerala HC11 Oct 2021WP(C)/24738/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking to ban educational strikes by student organizations within government schools. The court observed that the vacation of the matter was necessary as the issues had been addressed by the Apex Court and a Full Bench of this court.

What did the court decide?

Writ petition disposed of leaving open all issues based on the Right of Children to Free and Compulsory Education Act, 2009.

Rajkishor C Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

MONDAY, THE 11^TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943

¶7

WP(C) NO. 24738 OF 2018

¶8

PETITIONERS:

¶9

1 RAJKISHOR C, AGED 49 YEARS, S/O. CHELLAPPAN PILLAI, P.T.A. PRESIDENT OF GOVERNMENT P.V.H.S. PERUMKULAM, KOTTARAKARA, KOLLAM, RESIDING AT VAZHAVILA VEEDU, KOTTATHALLA, KOLLAM DISTRICT.

¶10

2 THE PRINCIPAL GOVERNMENT P.V.H.S. PERUMKULAM, KOTTARAKARA, KOLLAM, RESIDING AT VAZHAVILA VEEDU, KOTTATHALLA, KOLLAM DISTRICT.

¶11

BY ADVS.SRI.S.SREEKUMAR (KOLLAM) SMT.V.BEENA

¶12

RESPONDENTS:

¶13

1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

¶14

2 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695010.

¶15

3 THE SUPERINTENDENT OF POLICE( RURAL), KOTTARAKARA, KOLLAM, PIN - 691506.

¶16

4 THE SUB-INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION, PIN - 691506.

¶17

5 THE KERALA STUDENTS UNION KSU, REPRESENTED BY ITS PRESIDENT, STATE COMMITTEE OFFICE, ALTHARA NAGAR, ELANKOM ROAD, THIRUVANANTHAPURAM - 695002.

¶18

6 THE STUDENTS FEDERATION OF INDIA SFI, REPRESENTED BY ITS STATE SECRETARY, STATE COMMITTEE OFFICE, NEAR STUDENTS CENTRE, PALAYAM, THIRUVANANTHAPURAM - 695033.

¶19

7 THE AKHILA BHARATIYA VIDUARTHI PARISHATH ABVP, REPRESENTED BY ITS PRESIDENT, MARARJI MEMORIAL BUILDING PALAYAM, THIRUVANANTHAPURAM - 695033.

¶20

8 THE UNIT PRESIDENT, KERALA STUDENTS UNION (KSU), PERUMKULAM, KOTTARAKARA, KOLLAM - 691566.

¶21

9 THE UNIT ORGANIZER, AKHILA BHARATIYA VIDUARTHI PARISHATH (ABVP), KOTTARAKKARA NAGAR SAMATHY, PERUMKULAM, KOTTARAKARA, KOLLAM - 691566.

¶22

10 THE UNIT PRESIDENT, STUDENTS FEDERATION OF INDIA (SFI) PERUMKULAM, KOTTARAKARA, KOLLAM - 691566.

¶23

SRI.K.P.HARISH, SR.G.P. for R1 to R4

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

WP(C) NO. 24738 OF 2018

¶26

:: 2 ::

¶27

JUDGMENT

¶28

Dated this the 11^th day of October 2021

¶29

S.MANIKUMAR, C.J.

¶30

This writ petition is filed for banning educational strikes and thereby compelling to close the functions of Government P.V.H.S. School, Perumkulam, Kottarakkara, Kollam District, by the outside students' leaders and also for effective police protection for the smooth running of the school.

¶31

According to the petitioner, a Full Bench of this Hon'ble court has banned “Bandh” holding it as illegal and unconstitutional in Bharat Kumar K. Palicha and another v. State of Kerala and others reported in (1997) 2 KLT 287

¶32

(FB) .

¶33

Later the Hon'ble Apex Court, in Communist party India v. Bharath

¶34

Kumari reported in 1997 (2) KT 1007 (SC) has upheld the findings of the High Court.

¶35

Therefore, according to the petitioner, calling of educational bandh/strike by the students organization/political parties are illegal and unconstitutional, as “bandh/strike” has already banned by the Full Bench of this Hon'ble Court and upheld by the Hon'ble Apex Court in Barath Kumari' s case supra. Hence once bandh is banned, there is no scope for calling educational bandh and conduct of it.

¶36

WP(C) NO. 24738 OF 2018

¶37

:: 3 ::

¶38

Material on record discloses that functioning of the Government P.V.H.S. school, Perumkulam, Kottarakara in Kollam district was affected, on account of the activities of the Kerala Students Union (KSU) represented by its President, the Students Federation of India (SFI) represented by by its State Secretary, The Akhila Bharathiya Vidyarthi Parishath (ABVP) represented by its President, The Unit President, KSU Perumkulam, The Unit Organizer, ABVP Perumkulam, The Unit Prsident, SFI Perumkulam/respondents 5 to 10 respectively, and that the school had to remain closed on a few days because of the 'bandh call' given by respondents 5 to 10. That apart, it is the contention of the petitioner that though Ext.P4 complaint dated 4.7.2018 was lodged by the Parent Teachers Association, Govt. P.V.H.S.School, Perumkulam, Kottarakkara, Kollam to the Superintendent of Police (Rural), Kottarakara, Kollam/respondent No.3, no action was taken and hence this writ petition, seeking for the following reliefs:

¶39

“i) to declare, calling of “Educational Bandh” and its conduct by students organization/political parties as illegal, unconstitutional and in violation of the dictum laid down in Bharat Kumari case supra;

¶40

ii) to declare that calling of Educational Bandh/strike or whatever name it is called to mean the same and its conduct is violative of the provisions of the 'Right of Children to Free and Compulsory Education-2009'.

¶41

WP(C) NO. 24738 OF 2018

¶42

:: 4 ::

¶43

iii) to declare that there is latches on the part of the State Government in taking preventive measures to stop calling of Educational Bandh/Strike by the students organization/ political parties in the State of Kerala.

¶44

iv) issue a writ of mandamus or any other appropriate writ or direction, commanding and compelling the respondents 1 to 4 to initiate immediate steps to prohibit students union/political parties calling the Educational Bandh in order to secure the future of the students;

¶45

v) issue a writ of mandamus or any other appropriate writ or direction, commanding and compelling the respondents 1 to 4 to prevent the respondents 8 to 10 from entering into the P.V.H.S.S., Higher Secondary, Perumkulam, Kottarakara, Kollam District and thereby compelling the school authorities to declare holiday during the strike whenever they declare.”

¶46

On instructions, Mr.K.P.Harish, learned Senior Government Pleader submitted that on receipt of Ext.P4 complaint dated 4.7.2018, a meeting was arranged by the police authorities with all concerned and that issues raised in the complaint Ext.P4, were settled amicably. Thereafter there is no such incident.

¶47

Placing on record the above, we are of the view that there is no need to retain the writ petition. However, on the facts and circumstances of this case, we only observe that all the authorities concerned should implement the decision of the Hon'ble Apex Court and this Court, dealing

¶48

WP(C) NO. 24738 OF 2018

¶49

:: 5 ::

¶50

with strike/bandh, as stated supra, without giving room for any future complaint or representation in this regard, violation of which would be viewed seriously. Appropriate instructions be issued by the concerned.

¶51

Accordingly, writ petition is disposed of leaving open all the issues

¶52

raised based on the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

¶53

SD/S.MANIKUMAR CHIEF JUSTICE

¶54

SD/SHAJI P. CHALY JUDGE

¶55

jes

¶56

WP(C) NO. 24738 OF 2018

¶57

:: 6 ::

¶58

APPENDIX

¶59

PETITIONERS' EXHIBITS:

¶60

EXHIBIT P1	A TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA DATED 13.07.2016 IN W.P.(C) 22487/16, PROHIBITING POLITICAL STRIKES INSIDE THE SCHOOLS.
EXHIBIT P2	A TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY THE STUDENTS UNION (K.S.U.) DEMANDING TO CLOSE THE SCHOOL FOR THEIR DECLARED STRIKE.
EXHIBIT P2(a	A TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2.
EXHIBIT P3	A TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY THE STUDENTS UNION (A.B.V.P) DEMANDING TO CLOSE THE SCHOOL FOR THEIR DECLARED STRIKE.
EXHIBIT P3(a)	A TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3.
EXHIBIT P4	A TRUE PHOTOSTAT COPY OF THE COMPLAINANT FILED BEFORE THE DISTRICT POLICE SUPERINTENDENT (RURAL) KOLLAM.
EXHIBIT P4(a)	A TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P4.

¶61

// TRUE COPY //

¶62

P.S. TO JUDGE

Rajkishor C v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajkishor C 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Manoj M.N Vs Union of India

Bijumon Vs State of Kerala

Visakh v Soman Vs Staff Selection Commision

N.V. Sanjeev Vs G.Jayadev

Centre for Consumer Education Vs the Chairman & Managing Director, Kerala State Road Transport Corporation

G.Rajesh Vs District Collector