A challenge to an organisation's educational activities sought a ban, a declaration of non-governmental status and an enquiry. The court found no need for the declaration, held that the first two petitioners had not substantiated their locus, declined the other reliefs and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W. P. (C) No. 4913 of 2018 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943 WP(C) NO. 4913 OF 2018
PETITIONER/S:
REG. NO. T - 317/1977, SAKSHARATHA BHAVAN, VAZHUTHACAUD, THIRUVNANTHAPURAM - 695 014, REPRESENTED BY ITS GENERAL SECRETARY.
RESPONDENT/S:
W. P. (C) No. 4913 of 2018 -2-
7 THE GOVERNMENT OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF HUMAN RESOURCES, NEW DELHI - 110 001. BY ADVS. E.N.VISHNU NAMBOODIRI SMT.R.BINDU SRI.HARISH GOPINATH FOR R1 AND R2 SRI.R.S.KALKURA SRI.M.S.KALESH VINOD RAJKUMAR SRI. TEK CHAND SR GP FOR R3 TO R5 SRI.N.REGHURAJ SC FOR R6 VANDANA P. FOR R7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 4913 of 2018 -3-
J U D G M E N T
S. Manikumar, C. J.
Kerala Association of Non Formal Education and Development (KANFED), represented by its General Secretary S. V. Abhilash, and Mr. Abhilash in his individual capacity along with Mr. Sachin S. A., a
former student of Bharath Sevak Samaj, has filed the instant writ petition for the following reliefs:-
“(a) Direct the 1st respondent to stop / ban the working / functioning of the Bharat Sevak Samaj in the State of Kerala by issuing a writ of mandamus, so long as it is not approved by the State of Kerala, Government of India or its recognized instrumentalities;
(b) Declare that the Bharat Sevak Samaj is a NonGovernmental Organization;
(c) Direct the 1st respondent, not to use the name of Union Government, Planning Commission and parliament in any manner to promote their educational courses;
(d) By issuing a writ of mandamus, direct the 5th respondent to conduct a thorough enquiry on the basis of Exhibit P-8, P-9 and P-10.”
W. P. (C) No. 4913 of 2018 -4-
hereunder:-
According to the petitioners, the 1st petitioner, Kerala Association for Non Formal Education and Development (KANFED), is a registered NGO. 2Nd petitioner is the General Secretary of the 1st petitioner association. The 3rd petitioner was one of the students of 1st respondent, in the Course, BSS Diploma in Aviation & Hotel Management.
The 1st respondent claims to be a National Development Agency, promoted by the Planning Commission, Government of India. It further claims that the constitution and functioning of Bharath Sevak Samaj (BSS) is approved unanimously by the Indian Parliament. According to prospectus issued by them, it is an organization conducting 978 courses in various fields, and has more than 2000 franchisee all over India. The prospectus of the said BSS does not disclose the registration number of the said, even though they claim it as a registered society. Further, it keeps silent about its recognition by any University scheduled by UGC. The certificate and statement of marks issued by the 1st respondent to one of its students, in the year 2010, also do not disclose their registration number, but they have
W. P. (C) No. 4913 of 2018 -5-
used the "Asoka Sthambham" / "Asoka Pillar" in their certificate, which is an offence under Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. The 1st respondent in their certificates, have repeated their claim in respect of Planning Commission, Indian Parliament etc. Since the Certificate issued by the 1st respondent has no validity, the 3rd petitioner is unable to apply for any job for which, diploma is basic qualification. The 3rd petitioner is thus cheated by the 1st respondent.
Petitioners have contended that the 1st respondent, in their advertisement and in their website also, claims that it is a Government of India Organization. Advertisement for Course on Marine Engine Mechanics of Eeuro Maritime Academy shows that it is approved by the "Bharat Sevak Samaj, Govt. of India". The accounts of the organization is to be audited by the Local Fund Audit Department of Kerala Government. However, it has never been audited by the Local Fund Audit Department of the State.
Petitioners have further contended that in the year 2007, students who had studied one of the courses conducted by the 1st respondent, approached this Court in WP(C) No. 28744 of 2007,
W. P. (C) No. 4913 of 2018 -6-
stating that the Computer Word Processing Course conducted by the 1st respondent is to be treated as equivalent to the prescribed qualification. In the said issue, as per the instructions, the Kerala PSC submitted that 1st respondent is not a Government of India undertaking, and it is only a private agency, and their courses cannot be treated as equivalent to the prescribed qualification.
Petitioners have also contended that the Central Information Commission, in the matter of Mr. Samar Singh Yadav v. Lok Sabha Secretariat, clarified that the 1st respondent is a non-governmental organization.
Government of Kerala, vide its Order G.O. (P) No. 09/2013 dated 05/01/2013, approved the DCA of the 1st respondent as a qualification desirable to jobs of Government of Kerala and PSC. It was approved without constituting Expert Committee to examine its curriculum, text books, and mode of conducting examinations. The approval is granted by the officials by undue influence of the 1st respondent. The only course of 1st respondent which got any recognition by any Government authority is the DCA course mentioned, even though the said recognition was obtained under
W. P. (C) No. 4913 of 2018 -7-
political influence, without due regard to statutory formalities regarding the same.
The 1st respondent is not recognized by the Ministry of Human Resources Development, All India Council for Technical Education, National Council for Teacher Education or any University scheduled by UGC. The 1st respondent is conducting classes illegally and obtaining huge amounts as their course fees and other expenses allied to the courses offered by them. They are misleading the public and playing fraud on the students to make illegal and unlawful enrichment. The 1st respondent is making frivolous claims and cheating the public at large.
The petitioner has submitted a complaint to the Chief Secretary of the State, to enquire into the granting of recognition, without due process, and about the working and financial background of the 1st respondent. The petitioner also submitted a complaint to the 5th respondent, to enquire into the registration, its administration, accounts, and functioning of the 1st respondent. Till this date, no action has been taken on the complaints of the petitioner. The inaction is politically orchestrated by the 1st respondent. The 1st respondent
W. P. (C) No. 4913 of 2018 -8-
continues to mislead the public in the name of vocational education and issuing invalid certificates to their students, which does not even bear any registration number. The petitioner has filed a complaint to the Chairperson, Kerala Nurses and Midwifery Council, to investigate about the Nursing and Midwifery courses being held by the 1st respondent. Nothing has been done till date.
“2. The address of the first petitioner given in the writ petition is wrong and has been deliberately made with the intention of projecting a false case. The petitioners have deliberately given wrong addresses of the respondents 1 and 2 in the writ petition. The 1st respondent described in the writ petition is the Regional Office of the 2nd respondent at Chennai. The address of the 2nd respondent given in the writ petition is wrong. The correct address is Satbhavana Bhavan, Brahmins Colony, Kowdiar PO, Thiruvananthapuram, Kerala- 695003. I am advised that the writ petition as framed is not maintainable either in law or on facts.
W. P. (C) No. 4913 of 2018 -9-
W. P. (C) No. 4913 of 2018 -10-
under Act 12 of 1955 as registration No.317 of 1977. KANFED has been established with a view to provide opportunity for youth and adults to access education, vocations skills and life skills. The governing body of the 1st petitioner consists of founder members and (1) twelve representative elected from the life members of KANFED Society (2) the five leading academicians/social workers/ distinguished leaders, specializing in the fields relating to development (3) three nominees elected from the representing the State and the Central Government. The executive committee of the 1st petitioner is composed of (1) Chairman of the governing body; (2) Secretary of the governing body; (3) founder member of the KANFED society; and (4) any other 5 members of the governing body to be nominated by of whom one will be representative of the district level KANFED society. There is no post of General Secretary in so far as the 1st petitioner is concerned and the claim of the 2nd petitioner that he is the General Secretary of the 1st petitioner is false and is denied. Appropriate action has to be taken against the 2nd petitioner for making a false claim and instituting a Writ Petition under the guise of a false office bearer ship.
W. P. (C) No. 4913 of 2018 -11-
registered under the Act 12 of 1977 and it is incumbent upon the 1st petitioner to submit every year, the name of the office bearers of the 1st petitioner. The Executive Committee of the 1st petitioner is approved by the District Registrar every year. The list of Executive Members submitted by the 1st petitioner before the Registrar of Societies, Thiruvananthapuram for the year 2017-18, 2018-19 and 2019-20 clearly indicate that the 2nd petitioner is not an Office Bearer of the 1st petitioner organization. True copy of Minutes of meeting dated 5.8.2017 having list of office bearers for year 2017-18 submitted to Registrar of Societies in respect of 1st petitioner is produced herewith and marked as Exhibit-R1(b) . The true copy of English translation of Exhibit-R1(b) is produced here with and marked as Exhibit-R1(bb) . True copy of Minutes of meeting dated 14.3.2019 having list of Office Bearers for year 2018-19 submitted to Registrar of Societies in respect of 1st petitioner is produced herewith and marked as Exhibit-R1(c) . The true copy of English translation of Exhibit-R1(c) is produced here with and marked as Exhibit-R1(cc) . True copy of Minutes of meeting dated. 27.1.2020 having list of Office Bearers for year 2019-20 submitted to Registrar of Societies in respect of 1st petitioner is produced herewith and marked as Exhibit-R1(d) . The true copy of English translation of Exhibit-R1(d) is produced here with and marked as Exhibit-R1(dd) . A. certificate has been issued by 1st petitioner's Secretary to the effect that 1st petitioner as per its constitution does not have a General Secretary and that the 2nd petitioner is involving in fraudulent activities under said guise. True copy of certificate issued by the Secretary 1st petitioner is produced herewith and marked as Exhibit-R1(e) . An
W. P. (C) No. 4913 of 2018 -12-
Executive Meeting of 1st petitioner was held on 27.3.2021. Minutes of the Meeting dated 27.3.2021 is produced herewith and marked as Exhibit-R1(f) . The true copy of English translation of Exhibit-R1(f) is produced here with and marked as Exhibit-R1 (ff) .
http://planningcommission.nic.in/plans/planrel/fiveyr/ 1st/1planch8.html. True copy of the publication with regard to the Bharat Sevak Samaj taken from the official website of the erstwhile planning commission http://planningcommission.nic.in/plans/planrel/fiveyr/1st/1planch 8.html is produced herewith and marked as Exhibit-R1(g) . The 1st respondent Bharat Sevak Samaj has a central body known as the Bharat Sevak Samaj and has also pradesh units in almost all States more particularly in Kerala known as Bharat Sevak Samaj Kerala Pradesh. The Bharat Sevak Samaj is a society registered under the Societies Registration Act 21 of 1860. True copy of the constitution of the Bharat Sevak Samaj is produced herewith and marked as Exhibit R1(h) . Clause 10 of Exhibit R1 (h)
W. P. (C) No. 4913 of 2018 -13-
contemplates creation of Pradesh Units.
W. P. (C) No. 4913 of 2018 -14-
Member of the Central Bharat Sevak Samaj Trust Board by the Central Bharat Sevak Samaj. True copy of the Communication dated 31.3.2012 issued by the Central Bharat Sevak Samaj to the 1st respondent is produced herewith and marked as ExhibitR1(l) .
W. P. (C) No. 4913 of 2018 -15-
Movement of Vocational Education Programme throughout the country.
W. P. (C) No. 4913 of 2018 -16-
motive. The courses conducted by the 1st respondent provide employment to numerous jobless educated youth whose means to pursue higher studies is prevented either due to penury, poverty or for other reasons.
(c) Informal way - learning through practice
W. P. (C) No. 4913 of 2018 -17-
“16. Learning towards an academic award may be gained in a number of contexts.
●Learning may be achieved through a range of learning modes including full time or part time learning, distant learning or independent learning."
of Parliamentary Studies & Training, Lok Sabha Secretariat has
W. P. (C) No. 4913 of 2018 -18-
submitted a Review & Recommendation Report of the Bharath Sevak Samaj before the Minister for Planning, Government of India in respect of the various activities to be carried out by the 2nd respondent. True copy of the report of the review and recommendation on Bharat Sewak Samaj submitted by the Honorary Advisor to the Bureau of Parliamentary Studies & Training, Lok Sabha Secretariat is produced herewith and marked as Exhibit-R1(q) .
W. P. (C) No. 4913 of 2018 -19-
Calendar of the year 2013-2014 at the point of time when NITI Ayog was not formed and the 2nd respondent was treated as a body under the Planning Commission, Government of India. In this connection it is submitted that the 2nd respondent as a responsible body has changed the prospectus as well as the certificate that is being issued to the candidates undergoing courses. It is pertinent to note from the year 2018-19 the prospectus for courses has been completely changed wherein the words "promoted by Government of India" has been completely deleted and only the origin of Bharat Sevak Samaj has been highlighted making it clear that it is an independent organization altogether. It is pertinent to note B.S.S. Diploma in Computer Application conducted by the 2nd respondent has already been recognized by Kerala Government who has approved the Diploma Course in Computer Application conducted by the 2nd respondent and the certificate issued therein for the purpose of appointment to suitable post in public service. It is submitted that the 2nd respondent has absolutely no intention to do any activities under any other guise claiming that it is a Government body. In the meanwhile the Ministry of Human Resource Development (Department of School, Education and Literacy) (Adult Education Bureau) vide their letter dated 22.11.2018 addressed to the 2nd respondent has informed the 2nd respondent that no recognition is provided by the Adult Education Bureau for nonformal education or lifelong learning and it has also made clear that it has no objection to the fourth respondent conducting their program for lifelong learning and non-formal education. True copy of the letter dated 22.11.2018 issued by the Government of
W. P. (C) No. 4913 of 2018 -20-
India, Ministry of Human Resource Development to the 2nd respondent is produced herewith and marked as Exhibit-R1(u) .
W. P. (C) No. 4913 of 2018 -21-
W. P. (C) No. 4913 of 2018 -22-
do any activities under any other guise claiming that it is a Government body.
W. P. (C) No. 4913 of 2018 -23-
Ashoka Sthambham or the Ashoka Pillar are not used in the certificates issued by the 2nd respondent subsequent to the year 2011. The certificates produced by the petitioner may be Ext-P2 relate to the year 2010. Ext-P3 relates to the year 2015.
W. P. (C) No. 4913 of 2018 -24-
has modified their brouchers, application forms and course certificates suitably in conformity with the change in the nature of the 2nd respondent organization.
W. P. (C) No. 4913 of 2018 -25-
(C).No.28744/2007 and judgment rendered is not binding on this respondent. Any aspersions made behind the back of the 2nd respondent and without affording an opportunity to the 1st to appear and submit their response is against the principles of natural justice equity and good conscience and has therefore absolutely no binding force as against this respondent.
Non Formal Education and Development (KANFED), and other
W. P. (C) No. 4913 of 2018 -26-
documents have been filed.
“Petitioner has sought for a direction to the first respondent to stop/ban the working/functioning of the Bharat Sevak Samaj in the State of Kerala by issuing a writ of mandamus, so long as it is not approved by the State of Kerala, Government of India or its recognised instrumentalities.
01.11.2021, we passed the following orders:-
“In the instant writ petition, petitioners have sought for the following reliefs:
W. P. (C) No. 4913 of 2018 -27-
W. P. (C) No. 4913 of 2018 -28-
learned counsel for the petitioner further submitted that as regards the office of the General Secretary to the abovesaid Association and continuance thereof, a dispute is pending before the Registrar of Societies, Thiruvananthapuram.
“4. The entire averments in paragraph No.5 are incorrect, hence denied. The 1st Respondent is a society registered under The Travancore-Cochin Literary Scientific & Charitable Societies Registration Act, 1955 (hereinafter referred to as the Act 12 of 1955) and the State has pervasive statutory control over the same. The 2nd petitioner was the General Secretary elected so on 0604-2010, of the regional office of the 1st Respondent. The term of office is for 3 years. This proceeding of election is recorded in the minutes book of the Executive Committee Meeting at pages 25 & 26. True copy of pages no. 25 and 26 of the minutes book of the 1st Respondent dated 06-04-2010 is produced herewith marked Exhibit P-11 . For so many years, the 1st Petitioner's registration remained without periodical renewals. Pursuant to a request made by the 2nd petitioner and upon the directions issued by the Hon. Minister, the entire dues were paid, and registration was renewed, pursuant to which the election of the 2nd Petitioner to the Office of the General Secretary transpired. True copy of the letter recommending such renewal dated 29-03-2011 is produced herewith marked Exhibit P-12 . True copy of the Receipt dated 31-03-2011 evidencing payment of money for renewal of registration is produced herewith marked Exhibit P-13 . The 2nd Petitioner desirous of vacating the post of the General Secretary on personal reasons, submitted his resignation, and informed the same to the Registrar of Societies under Act 12 of 1955 for his ratification. While so, on 14-07-2011, Sri. Anil Kumar was elected as the General Secretary and approval was sought for such election from the Registrar. At the time of the said election, the 2nd Petitioner
W. P. (C) No. 4913 of 2018 -29-
continued in Office under Law, since his resignation was not approved by the Registrar. The election of Sn Anil Kumar was objected by Sri Udayamangalam Sukumaran, a member of the Executive Committee, and he has approached the Registrar with his objections regarding the election of Sri. Anil Kumar. The office of the Registrar was of the opinion that the disputes regarding election of Sri. Anil Kumar is to be resolved by the Civil Court. However, till date nothing is forthcoming from the Office of the Registrar regarding the fate of resignation of the 2nd Petitioner or regarding the fate of election of Sri. Anil Kumar. Therefore, for all legal purposes, the 2nd Petitioner continues to be the General Secretary of the 1st Petitioner.”
W. P. (C) No. 4913 of 2018 -30-
this court would be constrained to pass appropriate orders.
W. P. (C) No. 4913 of 2018 -31-
General Secretary, stated to be pending before the Registrar of Societies, Thiruvananthapuram. As regard the above contention, no documents have been furnished by the writ petitioners.
on record, there is no need to issue any direction to declare Bharath Sevak Samaj as a non-governmental institution, as it is stated to be functioning as a non-governmental institution.
Other reliefs sought for are declined.
Accordingly, writ petition is dismissed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY JUDGE
///TRUE COPY///
P. A. TO JUDGE
Eb
W. P. (C) No. 4913 of 2018 -32-
APPENDIX OF WP(C) 4913/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF COURSE CALENDAR OF 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED TO ONE OF 1ST RESPONDENT'S STUDENTS IN THE YEAR 2010. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE AND STATEMENT OF MARKS ISSUED TO 3RD PETITIONER. EXHIBIT P4 TRUE COPY OF AN ADVERTISEMENT PUBLISHED BY THE 1ST RESPONDENT USING THE NAME OF GOVERNMENT OF INDIA. EXHIBIT P5 ADVERTISEMENT FOR COURSE ON MARINE ENGINE MECHANICS. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 19.11.2007 IN W.P.C. NO.28744/2007. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS DATED 26.11.2012 OF CENTRAL INFORMATION COMMISSION. EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 11.11.2017 TO THE CHIEF SECRETARY OF THE STATE. EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 11.11.2017 TO THE 5TH RESPONDENT. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 01.01.2018 TO THE CHAIRPERSON, KERALA NURSES AND MIDWIFERY COUNCIL.
RESPONDENT EXHIBITS
| Exhibit R8(A) | TRUE COPY OF THE CERTIFICATE |
|---|---|
| REG.NO.,S17754 DATED 25.5.2006 ISSUED | |
| BY THE 1ST RESPONDENT TO THE 1ST | |
| PETITIONER. | |
| Exhibit R8(B) | TRUE COPY OF THE CERTIFICATE |
| REG.NO.7090 ISSUED BY THE 1ST | |
| RESPONDENT TO THE 2ND PETITIONER. |
2 issues framed by the court
Was a declaration that the educational organisation was a non-governmental institution necessary when it was already functioning as such?
Had the first and second petitioners substantiated their locus to maintain the writ petition?
KERALA ASSOCIATION FOR NON FORMAL EDUCATION AND DEVELOPMENT (KANFED)
S.V. ABHILASH
SACHIN S.A.
BHARATH SEVAK SAMAJ BSS PROGRAMME OFFICE
BHARATH SEVAK SAMAJ CENTRAL PROGRAMME OFFICE
THE STATE OF KERALA
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
