Allowed

Ramesh Chennithala v. the Union of India

Kerala HC16 Mar 2022WP(C)/3347/2022

Case brief

AI extract

What is this about?

A project-sponsored school's proposed abrupt closure was challenged. The court quashed the communication requiring students to shift, directed implementation of the stakeholders' agreed arrangements for continued support and phased closure, and ordered immediate steps for Standard I admissions.

What did the court decide?

Communication requiring students to shift quashed; implementation of agreed continuation and phased-closure arrangements and immediate steps for Standard I admissions directed.

Ramesh Chennithala Vs the Union of India — Education and Admissions | Kerala HC (2022)

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W.P.(C)No.3347 of 2022-S

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 3347 OF 2022

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PETITIONER:

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RAMESH CHENNITHALA

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AGED 66 YEARS, S/O. LATE RAMAKRISHNA PILLA,
MEMBER OF LEGISLATIVE ASSEMBLY OF KERALA,
RESIDING AT 485, ANANDAMINDIRAM,
SUBRAMANIA SWAMY TEMPLE ROAD,
HARIPPAD, ALAPPUZHA DISTRICT-690 514.

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BY ADVS.

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GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
J.VISHNU

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RESPONDENTS:

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1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF EDUCATION, SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI-110 001.

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2 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 THE NATIONAL THERMAL POWER CORPORATION (NTPC) LIMITED, REGISTERED OFFICE AT NTPC BHAWAN, SCOPE COMPLEX, 7 INSTITUTIONAL AREA, LODHI ROAD, NEW DELHI-110 003, REPRESENTED BY ITS DIRECTOR.

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4THE NATIONAL THERMAL POWER CORPORATION (NTPC)
LIMITED,
KAYAMKULAM, CHOOLATHERUVU P.O., ALAPPUZHA
DISTRICT-690 506, REPRESENTED BY ITS
ADDITIONAL GENERAL MANAGER.

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5THE KENDRIYA VIDYALAYA SANGATHAN,
18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG,
NEW DELHI-110 016, REPRESENTED BY THE ASSISTANT
COMMISSIONER (ADMN.).

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6THE DEPUTY COMMISSIONER,
KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE,
IGH ROAD, KADAVANTHARA, NEAR RAJIV GANDHI
INDOOR STADIUM, ERNAKULAM-682 020.

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7THE KENDRIYA VIDYALAYA,
NATIONAL THERMAL POWER CORPORATION (NTPC),
CHEPPAD, KAYAMKULAM P.O., ALAPPUZHA DISTRICT-
690 507, REPRESENTED BY ITS CHAIRMAN.

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BY ADVS.
SRI.S.MANU, ASGI
SRI.N.MANOJKUMAR,STATE ATTORNEY(AG-6)
SRI.K.ANAND (SR.)
SMT.LATHA ANAND
SRI.PROMOD KUMAR
SRI.S.VISHNU (ARIKKATTIL)
SRI.SIDHARTH P.S.
SRI.B.RADHAKRISHNA PILLAI
SRI.M.N.RADHAKRISHNA MENON
SMT.MINI GOPINATH, CGC(CG-375)
SRI. K.I MAYANKUTTY MATHER, SC FOR R5 TO R7

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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JUDGMENT

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S.Manikumar, C.J.

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Instant public interest writ petition is filed by a Member of the Kerala Legislative Assembly from Haripad Constituency seeking to quash Exhibit P5 communication issued by the 3^rd respondent-the National Thermal Power Corporation (NTPC Ltd.) having its registered office at New Delhi and its unit at Kayamkulam-the 4^th respondent, dated 01.12.2020, addressed to the Assistant Commissioner, Kendriya Vidyalaya Sangathan, New Delhi, basically stating that NTPC is intending to close the Kendriya Vidyalaya (KV) functioning within the campus of the company at Kayamkulam, for various reasons, including that NTPC Kayamkulam is not generating power for more than six years due to lack of schedule and is under reserve shut down and the chances of its revival are very bleak.

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It is also stated therein that the total strength of NTPC wards including the wards of CISF personnel does not justify the continuation of KV at NTPC Kayamkulam and in view of the

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foregoing, it has been decided to terminate the agreement/ sponsorship entered into between NTPC and KV Sangathan, New Delhi-the 5^th respondent; and thereby, KV Sangathan is requested not to take any fresh admission for the academic session 2021-2022 and take necessary efforts to accommodate or transfer all the students at present studying in KV, NTPC, Kayamkulam in the neighbouring schools from 2022-2023 onwards. Aggrieved by the same, instant writ petition is filed seeking for the following reliefs:

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“i. Issue a Writ of mandamus commanding the 1^st respondent to ensure that funds required for functioning of the 7^th respondent school is being provided without fail;

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ii. Issue a Writ of Certiorari calling for records leading up to Exhibit P5 and to quash the same;

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iii. Issue a Writ of Mandamus to the 2^nd , 3^rd and 4^th respondents, directing them to take urgent steps to transfer the buildings and land occupied by the 7^th respondent school to the State Government and thereafter lease it to the Kendriya Vidyalaya Sangathan so as to facilitate the continued functioning of the school and to transfer it from project sector to civil

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sector;

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iv. Issue a Writ of Mandamus directing the 3^rd respondent not to cease sponsorship of the 7^th respondent school;

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v. Issue a Writ of Mandamus to the 3^rd and 5^th respondents to take steps to conduct admissions to class I in the 7^th respondent School for the academic year 2022-23.”

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More basic facts for the disposal of the writ petition are as follows:

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KV, NTPC, Kayamkulam was opened in the year 1999-2000 in the project sector under the sponsorship of NTPC Kayamkulam, which is the only KV in Alappuzha District. Presently, it is functioning with Class I to XII with enrollment of 710 students out of which 45 students are the wards of NTPC employees; that most of the parents of the students are employed in the public

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sector and under State and Central Governments.

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KV Sangathan is registered as a society under the Societies Registration Act (XXI of 1860) setup by the Ministry of

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Human Resource Development, Government of India. The primary aim of the Sangathan is to provide, establish, endow,

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maintain, control and manage the KVs located all over India and abroad.

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It is undisputed that KV Sangathan provides a common syllabus and a common system of education to the children of transferable Central Government employees including defence and paramilitary personnel. The intention behind setting up of KV Sangathan is that the children of Government employees do not face any educational disadvantages when their parents are transferred from one location to another in India and such schools have been operational for more than 50 years.

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KV schools can be opened only if it is sponsored by the State or Central Governments, Departments under them or by Public Sector Undertakings. KV schools can be started in campuses of Public Sector Undertakings provided the said Public Sector Undertakings satisfy the norms issued by the KV Sangathan for the same and sponsors the institutions. There are various procedures to be complied with before starting a school in the project sector and the norms for opening the KVs and

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other requisite aspects are dealt with in Exhibits P1 to P4

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documents. The immediate reason for the petitioner to approach this court is the decision taken by NTPC to stop the KV, and the intimation to the KV Sangathan to shift the students to nearby KV from the academic year 2022-2023. Due to the representation submitted by the petitioner and the Member of Parliament representing the Parliamentary Constituency, the Central and State Governments have interfered in the matter and issued proceedings relating to the same, which are produced by the petitioner as Exhibits P6 to P11.

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Be that as it may, on 22.01.2021, the Deputy Commissioner of KV Sangathan - 5^th respondent sent Exhibit P11 letter to the District Collector, Alappuzha informing that all steps are being taken by the KV Sangathan authorities to retain the school and it was informed that the Commissioner of KV Sangathan himself has taken up the said matter with the Chairman and Managing Director of NTPC to solve the impasse and continue to sponsor the school; however NTPC is sticking to

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the position taken in Exhibit P5 letter apart from agreeing to maintain admissions till 2021-2022 academic year.

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On the basis of the prevailing situation, a meeting was held on 01.06.2021 with the participation of the petitioner, Member of Parliament, NTPC and KV Sangathan authorities to sort out the issue. In the said meeting, the Deputy Commissioner of KV Sangathan requested NTPC authorities to sponsor the school for another three years so that efforts can be taken in the meanwhile, to start another KV school in the District. NTPC authorities submitted that they will consider handing over the school along with land and facilities to KV Sangathan, if there was such a request or demand from them. However, it is submitted that till date KV Sangathan has not made any such request.

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It is the contention of the petitioner that the State Government is spending huge amounts to maintain the school in NTPC campus and the land on which the project stands was given free of cost and therefore, NTPC authorities have a social

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responsibility to continue supporting the functioning of the school. On the basis of the meeting held, Exhibit P12 minutes was drawn and in which it is decided that the District Collector has to communicate with the Managing Director, NTPC to reconsider their decision regarding the sponsoring of KV, NTPC, Kayamkulam and identify suitable land for starting another KV Sangathan in the District.

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Exhibit P12 is a representation submitted by the Member of Parliament to the Chief Minister on 4.6.2021. Exhibit P13 is a reply dated 19.07.2021 given by the Minister of Education, Union of India, in the Lok Sabha to a question raised by the Member of Parliament Sri.A.M.Ariff, in which it is stated that NTPC authorities had agreed to extend the facilities till a permanent alternate arrangement is made. However, it is also stated that they are not in a position to continue the sponsorship from 2022 onwards. Other efforts were also taken by the petitioner in the State Assembly in order to find out the

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developments that have taken place, consequent to the representations made to the State Government.

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Exhibit P15 mass representation was submitted by the Parent-Teachers Association of the school to the Hon’ble Governor of Kerala dated 30.11.2021 and Exhibit P16 is a representation submitted before NTPC requesting to reconsider its decisions. Exhibit P17 is a representation dated 27.12.2021 submitted by the petitioner before the Chief Minister of Kerala, requesting the Government to take urgent steps to transfer land from NTPC and take steps to convert the school into a civil sector NTPC or sponsor the school so as to avoid the shut down. The Parent-Teacher Association has also submitted Exhibit P18 representation before the Chief Minister. Various other contentions are also raised with regard to the requirement of retaining the school under NTPC sponsorship so as to protect the interests of the students, teachers and parents.

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A joint counter affidavit is filed by the Union of India – the 1^st respondent, the KV Sangathan, Deputy Commissioner, KV

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Sangathan and the KV, NTPC, Alappuzha, wherein it is submitted

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that the expenditure of project sponsored KVs are to be entirely borne by Public Sector Undertakings which includes day to day administration, management and organisation of KV. It is also pointed out that whenever a Public Sector Undertaking desires to establish a sponsored KV, they have to undertake to abide certain norms and conditions of KV Sangathan, which are as under:

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“i. The Public Sector Undertaking should have branches/offices in different linguistic regions.

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ii. The employees of the department should be (de-facto) transferable from one branch office to another and to Headquarters.

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iii. When there is a concentration of at least 1000 employees of the Govt. of India Undertaking, and when there are atleast 200 children (500 children in the case of big cities) willing to be enrolled in different classes of the proposed Kendriya Vidyalaya (Central School) to begin with.

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iv. No alternative educational facilities should be available at the station.

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v. The Public Sector Undertaking/Institutions of Higher Learning shall bear all the recurring and non-recurring expenditure on the proposed Kendriya Vidyalaya.

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vi. The Department shall provide, free of cost suitable land and building for housing the Vidyalaya.

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vii. The Department shall provide, free of cost, land and building for the future development of the Vidyalaya.

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viii. The Department shall provide all equipment, free of cost to the Vidyalaya.

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ix. The Department shall provide suitable residential accommodation to the teaching and non-teaching staff on the same basis and at the same rates as prescribed by it for its own employees.

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x. The proposed Kendriya Vidyalaya shall be administered and governed in accordance with the rules of the Sangathan, as amended from time to time.

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xi. The Sangathan shall not admit any liability towards the staff and students of any existing school running inside the campus of the Department.

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xii. The children and the employees of the Department will get first priority in matters of admission. However, the children belonging to other eligible categories will be considered against seats available after accommodating the children of the employees of the Department. ”

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It is further submitted that the project sector KVs are

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opened by KV Sangathan on the specific request of the

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sponsoring project authorities by signing the terms and conditions/MoU between the KV Sangathan and the Project

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authority concerned; that keeping this KVs functional is the responsibility of the concerned sponsoring authority as there is no provision to provide funds by the Ministry of Education, Government of India of KVs to run such project sector KVs; that since these schools are opened as a special arrangement between the KVs and the sponsoring authority, the recurring and non-recurring expenditure including infrastructure of school, salary and allowance of KV employees and other expenditure are to be borne by the project authority concerned only. Exhibit R1(a) is the requisition for opening of a KV at Kayamkulam project submitted by NTPC dated 29.7.1998.

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Sum and substance of the contention that could be seen from Exhibit R1(a) is that NTPC Kayamkulam has agreed to abide by all the terms and conditions, as briefly laid down in the KV Sangathan Rules and Regulations, as amended from time to time. Respondents are also relying upon Exhibit R1(b) terms and conditions for opening the KV campus and the manner in which the admissions are to be made.

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That apart, it is pointed out that the matter regarding

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the continuance of the funding to the KV opened under the sponsorship of NTPC including KV, NTPC, Kayamkulam as project sector school in various parts of the country was discussed at length in a meeting held on 31.08.2021 between the Secretary, Department of School Education and Literacy, and the Secretary, Ministry of Power, wherein the Chairman and Managing Director, NTPC and Commissioner, KV Sangathan were also present and after detailed deliberation, the following points were agreed to:

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“TERMS AND CONDITIONS FOR OPENING OF A KENDRIYA VIDYALAYA IN THE CAMPUSES OF PUBLIC SECTOR

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UNDERTAKING/ INSTITUTIONS OF HIGHER LEARNING:

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NOTE: Acceptance of terms and conditions by the sponsoring authority is a pre-condition for the opening of a Kendriya Vidyalaya in the Public Sector/Institution of Higher Learning. The sponsoring authority is required to submit, in quadruplicate the acceptance and confirmation of the terms and conditions enumerated below: I. GENERAL:

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a) The Sangathan does not take over any existing school

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b) It opens a new Kendriya Vidyalaya of its own with uniform

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curriculum and pattern of education

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c) The Sangathan does not run KG or Pre-primary classes.

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d) In no case the Sangathan will take the liability of appointing/ absorbing any of the staff members of the existing school in the service of the Sangathan. The existing staff members may, however, apply in response to the advertisement for various categories of posts advertised by the Sangathan from time to time.

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II. FINANCIAL OBLIGATIONS:

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A new Kendriya Vidyalaya (Central School) may be opened in the campus of a Government of India Undertaking or Institution of Higher Learning, if it agrees to bear the recurring and non-recurring expenditure, including accommodation, land and future developmental facilities as also the proportionate overhead charges on the proposed Vidyalaya

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III. LAND AND BUILDING FOR THE PROPOSED KENDRIYA VIDYALAYA:

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The sponsoring authority will have to provide a suitable piece of land free of cost, measuring about 15 acres on which land of Vidyalaya building/staff quarters/Hostel/playground will have to be developed and constructed by the sponsoring authority out of its own fund in accordance with KVS norms. In case of existing building; at least 20 rooms of such sizes as to accommodate at least 40 students per section are required. This accommodation may be sufficient for classes up to V with two sections including consequential expansion of the Kendriya Vidyalaya for 3-4 years. This may also include

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Principal's room, staff room, library room, office and accommodation for other miscellaneous activities like music, NCC, Scouting and Guiding, SUPW, etc. A sketch map of the accommodation indicating the size of the rooms proposed to be provided may be enclosed. Temporary accommodation once provided to house the classes shall not be withdrawn unless KVS is satisfied with alternate arrangements made in this regard by the sponsoring authority.

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IV. RESIDENTIAL ACCOMMODATION:

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Cent percent residential accommodation will have to be provided on priority basis by the sponsoring authority on the same terms and conditions as applicable to their own staff of corresponding status.

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V. ADMISSIONS: Admission Priorities in Kendriya Vidyalaya in Public Sector Undertaking/Institution of Higher Learning:

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Admissions in Kendriya Vidyalayas are regulated on the so!e criterion of the test of transferability of the parent i.e. the number of transfers a parent has undergone during the preceding seven years. The children of the employees who have undergone more number of transfers during the preceding seven years will get preference over these children whose parents have undergone lesser number of transfers during the same period.

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II. KENDRIYA VIDYALAYAS IN PUBLIC SECTOR UNDERTAKINGS:

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a) Children of the employees of the concerned Undertaking provided it meets all expenses, recurring as well as nonrecurring, land, building and equipment, etc.

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b) Children of Central Government employees including Defence/CRPF/BSF personnel in uniform and employees of All India Services and Indian Foreign Service.

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c) Children of transferable employees of the Autonomous bodies and other Public Sector Undertakings, fully financed by the Central Government.

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d) Children of non-transferable Central Government employees and Defence Personnel; and

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e) Children of the other floating population which includes civilian population desirous of joining the patterns of studies adopted in Kendriya Vidyalaya.

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III. KENDRIYA VIDYALAYA IN INSTITUTION OF HIGHER LEARNING:

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a) Children of the employees of the Institution where land, building, equipment and recurring and non-recurring expenses are provided by the Institution concerned;

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b) Children of transferable Central Government employees including Defence/CRPF/BSF personnel in uniform and employees of All India Services and Indian Foreign Service;

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c) Children of transferable employees of the Autonomous bodies and other Public Sector Undertakings, fully financed by the Central Government.

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d) Children of non-transferable Central Government employees and Defence Personnel; and

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e) Children of the other floating population, which includes civilian population desirous of joining the pattern of studies adopted in the Kendriya Vidyalaya.

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NOTE: However, in the case of Kendriya Vidyalayas set up in

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the campuses of Public Sector Undertaking/Institution of Higher Learning where the sponsoring authority bears the entire expenditure, children of their employees will get overriding priority in admissions followed by the general categories as enumerated above. After meeting the demand of the employees of the sponsoring Undertaking or Institution of Higher Learning, Sangathan will admit children of other priority categories. Children coming on transfer from other Kendriya Vidyalayas will be automatically admitted.

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No deviation from the aforesaid admission policy as approved by the Government of India will be made. The admissions to the proposed Kendriya Vidyalaya will not, therefore, be automatic. The students will be administered an admission test and will be accorded admission to the class from which they are found fit and eligible.

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VI. STAFF:

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The entire staff will be appointed by the Kendriya Vidyalaya Sangathan on the scales of pay and terms and conditions prescribed from time to time by the Sangathan. VII. VIDYALAYA MANAGEMENT COMMITTEE:

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The Vidyalaya Management Committee will be constituted in accordance with the pattern prescribed by the Sangathan as per proforma (Annexure VI (PS) attached. VIII. AFFILIATION:

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The School will get itself affiliated to the Central Board of

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Secondary Education, New Delhi at the appropriate time.

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IX. In the event of violation of the terms and conditions for running the Kendriya Vidyalaya by the sponsoring authority the Sangathan will have the right to close down the Kendriya Vidyalaya and examine the distribution of assets and liabilities in consultation with the Government of India.

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X. Further, aforesaid terms and conditions are subject to modifications in the light of the directive of Government of India/Board of Governors' decision taken from time to time.

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The terms and conditions as referred to above are accepted and confirmed.

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Sd/-

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PLACE: Kayamkulam SIGNATURE OF SPONSORING AUTHORITY DATED:29.7.98 WITH SEAL”

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According to the said respondents, it was agreed upon in the meeting that NTPC should continue financial support either through its own budget or CSR budget and if NTPC is unable to continue funding, phase-wise/class-wise closure may be explored; however the abrupt closure of KV, NTPC, Kayamkulam by NTPC authorities is against the agreed points of the meeting and NTPC cannot absolve from their responsibility, by suddenly withdrawing the support. It is also mentioned that

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NTPC has been recommending for sanction of classes, every

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year and based on their recommendation, sanctions were accorded and then only, fresh admissions were made every year. Therefore, according to the respondents, NTPC shall abide by the terms and conditions signed by NTPC Kayamkulam authorities and KV Sangathan, at the time of the opening of the project sector, on the basis of the resolution passed by the Board of Directors of NTPC Kayamkulam and the points agreed in the meeting held on 31.08.2021 between the authorities specified above.

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NTPC has filed a counter affidavit and an additional counter affidavit, basically explaining the circumstances under which the KV was started in NTPC Campus. It is pointed out that though initially the power generation was available from naphtha , later due to the increase in the price of crude oil, price of naphtha also proportionately increased and eventually, in 2015, the cost was so high, that it was cheaper for the Government of Kerala/KSEB Ltd. to obtain power from other

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sources. In 2015, Government of Kerala stopped purchasing electricity from NTPC and the plant was shut down on 26.06.2015 and the present work undertaken is the preservative maintenance of the thermal power plants.

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According to NTPC, the above development resulted in a substantial reduction in the requirement of manpower and the total number of employees at present is only 36. But, in spite of all these, NTPC managed the affairs of the school, so far and it has become unviable and impossible for NTPC to manage the school. Other submissions are also made in regard to the utilisation of the land occupied by NTPC for floating solar power plants, etc.

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Whatever that be, it is submitted that NTPC is not against the running of the school at all, and since the functioning of the project itself has come to a standstill from the year 2015 onwards, NTPC is not in a position to fund the institution anymore. That apart, it is pointed out that the total number of students in the KV is 695, out of which the wards of

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NTPC employees are only 18 and it would be further reduced to 13 in the new academic session 2022-2023, as few employees have already been transferred.

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Along with the additional counter affidavit filed by NTPC, the minutes of the meeting held on 31.08.2021 through video conferencing with various stakeholders is produced, which reads thus:

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“Minutes of the Meeting held on 31.08.2021 at 2:45 PM onwards through Video Conference to discuss continuance of KVs opened under Sponsorship of NTPC.

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A meeting was held on 31.08.2021 with Ministry of Power to discuss the challenges being faced by Kendriya Vidyalaya Sangathan (KVS) in respect of continuance of Kendriya Vidyalayas (KVs) opened under the sponsorship of NTPC as Project Sector Schools in various parts of the county. The meeting was chaired by Secretary (SE&L) and Secretary (Power). The meeting was attended by the officers of respective Ministries, NTPC and KVS. List of pncipands annexed.

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A presentation was made by the Commissioner, KVS. It was informed in the meeting that Project Sector Kendriya Vidyalayas are opened with the approval of the Minister of Education who is the Chairman of BoG of KVS on the request of Central PSU as a special arrangement to cater to the

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educational needs of the wards of Central PSU Employees. Since these schools are opened as a special arrangement, the PSUs bear recurring and non-recurring expenditure of maintaining the schools through their own budget which includes infrastructure for the schools, salary and allowance of KV employees and other expenditure.

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With the passage of time, some PSUs want to withdraw financial support to these Project Kendriya Vidyalayas citing difficulties and request for conversion of Project schools into Civil Schools. It was informed that out of 11 NTPC sponsored Kvs, 04 KVs require urgent attention of Ministry of Power as local NTPC authorities at KV, Badarpur (Delhi), KV NTPC Dibiyapur (U.P), NTPC Kayamkulam (Kerala), KV NTPC Dadri (U.P.) have proposed to stop financial support from academic year 2022-23 (in case of KV NTPC Dibiyapur from 2021-22).

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The Secretary (SE&L), MoE stated that functioning of these Kendriya Vidyalayas is the joint responsibility of NTPC and KVS. Abrupt withdrawal of financial support or immediate closure of these Kendriya Vidyalayas is not a solution to the problem, hence alternatives need to be explored. She also mentioned that there is no provision to convert Project Sector Schools into Civil Schools.

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The Secretary, MoP acknowledged the role of KVS in the field of school education in the country and agroal that a solution needs to be found mutually on this issue. NTPC, being a commercial organization, is facing challenges to continue support to Kendriya Vidyalayas on many fronts and the issues need to be addressed.

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In the deliberations, the following points were agreed to:i. NTPC should continue financial support either through its own budget or CSR budget to these schools till the timeline agreed to for closure of the school concerned.

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ii. If NTPC is unable to continue funding then the option of phased closure may be explored. For this, a lot of handholding will be required wherein NTPC local authorities and State education authorities will have to convince parents/public on the issue in advance. In such a situation, KVS will have to stop fresh admissions in entry grade of these schools and will withdraw its employees proportionately. iii. A time frame for proposed closure/phasing out can be fixed at 5-6 years.

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iv. Meanwhile, the rent/electricity facilities to teaching/nonteaching staff in these project schools may be continued as was being provided before decision to close down a school.

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v. A high level meeting with Minister of Education and Minister of Power will be convened in which both the Secretaries will apprise them on these modalities.

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vi. It was also suggested that Ministry of Finance may also be consulted on the issue to explore the possibility of Govt. funding for such project KVs. In such case, school building and land can be transferred by PSU to KVS/MoE, free of cost. vii. It was also decided that KVS should re-work/review the existing provisions of opening of KVs under the sponsorship of PSUs/II-II and re-draft the MoU clearly incorporating these proposed exit provisions to avoid such situation in the future.

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¶186

The meeting ended with the vote of thanks to the Chairs.”

¶187

The petitioner has also filed a reply statement to the counter affidavit filed by the respondents.

¶188

State has also filed a statement, basically explaining the steps and efforts taken by the State Government for running and maintaining the school. It is also pointed out that the State Government was making substantial payments running to several crores to NTPC. Along with the same, Annexure R2(a) Minutes of the meeting held under the Chairmanship of the Minister for General Education is also produced, which reads thus:

¶189

“ Minutes of the Meeting held under the chairmanship of Hon'ble Minister for General Education to discuss the matters relating to retaining of Kendriya Vidyalaya at NTPC, Kayamkulam, on 28.12.2021.

¶190

List of Particiants

¶191

Sri. A.M.Ariff, M.P.

¶192

2 Sri.Ramesh Chennithala, MLA.

¶193

Sri.S.K.Ram, General Manager, NTPC, Kayamkulam.

¶194

Sri Moby J, A. D. M. Alappuzha.

¶195

Sri.R.Senthil Kumar, Deputy Commissioner, Kendreeya Vidyalaya Sangathan Ernakulam.

¶196

W.P.(C)No.3347 of 2022-S

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-:26:-

¶198

Smt.Hema. K, Principal, Kendrecya Vidyalaya, Kayamkulam.

¶199

Sr.A.Aboobakar, Joint Director, Directorate of General Education.

¶200

Smt. Shyla V.R, Deputy Director of Education, Alapuzha.

¶201

Sri.Ampili. S, PT. A Secretary.

¶202

Sri.Kamalan, PTA Member.

¶203

Sri.Alan Thomas, PTA Member.

¶204

Sri.Adv.Jayakrishnan, PTA Member.

¶205

Sri.Liyakath Parampi, PTA Member.

¶206

H.Niyas, PTA Member.

¶207

Adv. V.Shukkor, PTA Member.

¶208

The meeting, convened at the 'Layam Hall’ of Govt. Secretariat, TVPM, started at 11.20 am. At the outset the Hon'ble Minister for General Education gave a brief description of the present situation of the Kendriya Vidyalaya functioning in NTPC campus, Kayamkulam. He said that admission for 1^st standard in Kendreeya Vidyalaya would begin in January, 2022, but the KV Sangathan have not so far given permission to retain the Vidyalaya at the NTPC premises during 2022-23 academic year. He informed the meeting that the State Government is very particular to keep the school open and would take all possible measures to retain the KV at NTPC. He emphasized the need for the continuance of the institution in Kayamkulam and urged the officials of the NTPC and the Kendreeya Vidyalaya to appraise their higher authorities the feelings of the local people and the positive stand taken by the State Govt in the matter.

¶209

W.P.(C)No.3347 of 2022-S

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-:27:-

¶211

Hon'ble M.P, Sri.A.M. Ariff briefed the efforts he put personally to retain the KV at NTPC campus by bringing the matter before various levels including Union Education Minister, Union Finance Minister and also in the Parliament. He also expressed his willingness to earmark Rs. 3 Crore from MPLAD fund if the authorities permits so, to meet the running expenses of this Kendriya Vidyalaya, if no other fund is available.

¶212

Hon'ble M.L.A. Sri Ramesh Chennithala also spoke about the current situation of the Vidyalaya. He told that an amount of Rs.100 Crore is given by Government of Kerala to NTPC every year and only Rs.3 Crore is needed to run the KV, but the NTPC is not ready to spare the land to operate the KV in civil sector.

¶213

The Deputy Commissioner, Kendriya Vidyalaya Sangathan informed the meeting that he had already apprised the issues to K.V Sangathan, but no favourable reply has so far been received.

¶214

The General Manger, NTPC explained the difficulties to retain the KV in the Project Sector. He promised that he would once again bring the whole things before the authority.

¶215

Members of PTA also requested that KV should be retained in the Civil Sector by using the land already allotted to NTPC.

¶216

After detailed discussion and deliberation, the following decisions were taken:

¶217

Considering the importance of the issue, it has been decided to address Government of India at the level of Hon'ble Chief Minister and Hon'ble Minister for General Education

¶218

W.P.(C)No.3347 of 2022-S

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-:28:-

¶220

explaining the urgency to start the Kendreeya Vidyalaya in civil sector and to retain KV as such for the time being and to start admission procedure for the next academic year.

¶221

Since Government of Kerala is providing Rs.100 Crore every year to NTPC, it has been decided to apprise the whole issues to the Hon'ble Minister for Power, Kerala by Hon'ble Minister for General Education, MP and MLA seeking the possibility of availing a share from the said amount to meet the expenses to run the Vidyalaya.

¶222

It is also decided to address NTPC authorities at the level of Hon'ble Chief Minister and Hon'ble Minister for General Education to maintain status quo until alternate arrangements are made.

¶223

The NTPC General Manager and Deputy Commissioner Kendreeya Vidyalaya Sangathan are entrusted to convey the general feeling of the meeting to NTPC authorities and to the Commissioner, Kendreeya Vidyalaya Sangathan regarding the retaining of Kendreeya Vidyalaya.

¶224

Meeting ended at 12.05 pm.”

¶225

We have heard Sri.George Poonthottam, learned Senior Counsel appearing for the petitioner assisted by Adv.Arun Chandran, Sri.S.Manu, learned Assistant Solicitor General of India and Sri.K.Anand, learned Senior Counsel

¶226

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¶228

assisted by Adv.Latha Anand for NTPC, and perused the pleadings and the material on record.

¶229

Respective counsel have addressed their arguments in accordance with the deliberations made above. Even though various facts and figures are provided in the writ petition, as well as in the counter affidavit filed by the respondents, the minutes of the meetings extracted above held at the initiation and presence of various responsible persons are relevant to the context. Ultimately in the meeting dated 31.08.2021 it has been decided that NTPC should continue financial support either through its own budget or CSR Budget to the school till the timeline agreed to for closure of the school.

¶230

It is also agreed that if NTPC is unable to continue funding, then the option of phased closure may be explored and for this, a lot of hand-holding will be required where NTPC, local authorities and State Education authorities will have to convince parents/public on the issue in advance. The abovesaid exercise has to be undertaken and a final decision has to be taken. As

¶231

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-:30:-

¶233

stated supra, in the meeting stated supra, it has been decided

¶234

that NTPC should continue financial support either through its own budget or CSR budget to the school till the time line agreed for closure of the school. It was also agreed that a time frame for proposed closure/phasing out can be fixed at 5-6 years.

¶235

In the meanwhile, the manner in which expenditures have to be met has also been decided, quite clear and evident from the Minutes.

¶236

Therefore, analysis of the Minutes of the meeting shows that the closure of the school can only be done in a phased manner, as is agreed upon by and between the parties in the meeting held.

¶237

On a reading of the Minutes of the meeting, it is also clear that the phased manner of closure is also taken care of by adhering to the modalities prescribed in the minutes of the meeting.

¶238

Now coming to the Minutes of the meeting convened under the Chairmanship of Minister for General Education, with

¶239

W.P.(C)No.3347 of 2022-S -:31:-

¶240

the participation of all the stakeholders including NTPC, Kayamkulam, KV Sangathan, Principal of KV and others, we are of the view that a clear-cut decision is taken as regards the manner in which the KV is to be continued.

¶241

In fact it is clear from the minutes of the meeting that the State Government is providing rupees 100 crores every year to NTPC. We are of the clear and considered opinion that when a decision has been taken in the meeting held on 31.8.2021, at the initiation of the Government of India, Ministry of Education, the stakeholders are bound to adhere to the same.

¶242

It is to be noted that even though power generation was stopped in the year 2015, sponsorship continued thereafter, taking into account the fundamental rights of the children for education protected under the Constitution of India.

¶243

Unlike closing down other establishments, a KV cannot be stopped abruptly, since it would seriously affect not only the education of the children, but it would cause serious mental and other repercussions that may affect the life and liberty of the

¶244

W.P.(C)No.3347 of 2022-S

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¶246

children and also the fundamental right for education, envisioned by the framers of the Constitution of India under part 111, the directive principles under part 1V, Article 21A of the Constitution of India and the fundamental duties and obligations to be undertaken by the State under part 1V–A of the Constitution of India.

¶247

Needless to say, NTPC and the respective Governments will have to put in place the modalities to run the institution in terms of the agreement also, by finding out resources in order to continue the school, till it is stopped in a phased manner, as is agreed upon, in the meetings specified above.

¶248

Admission for the students for the year 2022-2023 in the 1^st standard has to be started. This is more so, especially, when the country is going through a crisis, due to Covid-19 pandemic, and other consequential, adverse economic and financial situations, and the people are facing various adverse situations affecting their normal life and pursuits.

¶249

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¶251

Union Government, the State as well as the other

¶252

stakeholders for running of KVs, will have to take adequate steps to translate the decisions jointly taken, in the meetings.

¶253

Before we part with the judgment, we are also of the view that as per the Right of Children to Free and Compulsory Education Act, 2009, the children are entitled to admission to a nearby school, and since the KV is being conducted with all the infrastructural facilities in NTPC campus, it should be continued, until it is closed in a phased manner as prescribed in the joint meetings dated 31.08.2021, and 28.12.2021 respectively.

¶254

In view of the above discussion, Exhibit P5 Communication issued by NTPC dated 01.12.2020 to the Assistant Commissioner of KV Sangathan to shift the students from the year 2022-2023 is quashed and there will be a further direction to implement the decisions taken in the minutes of the meeting dated 31.08.2021 in its letter and spirit.

¶255

State Government as well as NTPC are directed to take adequate steps to ensure that the decisions taken in the

¶256

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¶258

meetings extracted above are implemented without fail in order

¶259

to protect the interests of the students, teachers and the parents. Steps for admission to Standard I, be taken by both NTPC and KV Sangathan, forthwith.

¶260

Writ petition is allowed as above.

¶261

Sd/-

¶262

S.Manikumar Chief Justice

¶263

Sd/-

¶264

Shaji P.Chaly Judge

¶265

vpv

¶266

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¶268

APPENDIX OF WP(C) 3347/2022

¶269

PETITIONER EXHIBITS

¶270

Exhibit P1TRUE COPY OF THE NORMS FOR OPENING OF NEW
KVS UNDER PROJECT/IHL SECTOR.

¶271

Exhibit P1ATRUE COPY OF THE NORMS FOR OPENING OF NEW
KVS UNDER CIVIL/DEFENCE SECTOR.

¶272

Exhibit P2TRUE COPY OF SPECIMEN RESOLUTION TO BE
PASSED BY THE BOARD OF DIRECTORS/MANAGEMENT
OF THE GOVERNMENT OF INDIA UNDERTAKING/
INSTITUTION OF HIGHER LEARNING FOR OPENING A
KENDRIYA VIDYALAYA UNDER PROJECT SECTOR
SCHEME.

¶273

Exhibit P3TRUE COPY OF TERMS AND CONDITIONS FOR
OPENING OF A KENDRIYA VIDYALAYA IN THE
CAMPUS OF PUBLIC SECTOR UNDERTAKING
/INSTITUTIONS OF HIGHER LEARNING.

¶274

Exhibit P4TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING
FOR OPENING OF A KENDRIYA VIDYALAYA UNDER
PROJECT SECTOR SCHEME.

¶275

Exhibit P5TRUE COPY OF THE LETTER NO.1034/HR/KV-
CLOSURE/2020-21 DATED 01.12.2020 SENT BY THE
4TH RESPONDENT TO THE 5TH RESPONDENT.

¶276

Exhibit P6TRUE COPY OF THE PERMISSION SOUGHT BY THE
PETITIONER BEFORE THE SPEAKER FOR RAISING
SUBMISSION IN THE LEGISLATIVE ASSEMBLY,
DATED 11.01.2021 WITH ITS ENGLISH
TRANSLATION.

¶277

Exhibit P7TRUE COPY OF THE MINUTES OF THE MEETING HELD
BY THE DISTRICT COLLECTOR, DATED 11.01.2021
WITH ITS ENGLISH TRANSLATION.

¶278

Exhibit P8TRUE COPY OF THE COMMUNICATION SENT BY THE
DISTRICT COLLECTOR ALAPPUZHA, TO THE SPECIAL

¶279

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¶281

P.S OF THE CHIEF MINISTER DATED 11.01.2021
WITH ITS ENGLISH TRANSLATION.

¶282

Exhibit P9TRUE COPY OF THE COMMUNICATION SENT BY THE
DISTRICT COLLECTOR, ALAPPUZHA, TO THE
PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL
ADMINISTRATION WITH ITS ENGLISH TRANSLATION.

¶283

Exhibit P10TRUE COPY OF THE REPLY TO THE SUBMISSION OF
THE PETITIONER IN THE LEGISLATIVE ASSEMBLY
BY THE MINISTER OF EDUCATION, KERALA, DATED
12.01.2021 WITH ITS ENGLISH TRANSLATION.

¶284

Exhibit P11TRUE COPY OF THE LETTER SENT BY THE DEPUTY
COMMISSIONER, KVS TO THE DISTRICT COLLECTOR,
ALAPPUZHA, DATED 22.01.2021.

¶285

Exhibit P12TRUE COPY OF THE MINUTES OF THE JOINT
MEETING, DATED 01.06.2021 REGARDING THE
CLOSURE OF KV, NTPC, KAYAMKULAM.

¶286

Exhibit P12(A)TRUE COPY OF THE REPRESENTATION SUBMITTED BY
SHRI.A.M.ARIF.M.P., BEFORE THE CHIEF
MINISTER, DATED 04.06.2021 WITH ITS ENGLISH
TRANSLATION.

¶287

Exhibit P13TRUE COPY OF THE REPLY BY THE MINISTER OF
EDUCATION, UNION OF INDIA, IN LOK SABHA,
DATED 19.07.2021.

¶288

Exhibit P14TRUE COPY OF THE LETTER SENT BY THE DISTRICT
COLLECTOR, ALAPPUZHA, TO THE SECRETARY,
DEPARTMENT OF GENERAL EDUCATION DATED
03.08.2021 WITH ITS ENGLISH TRANSLATION.
Exhibit P15TRUE COPY OF THE MASS PETITION SUBMITTED BY
THE PTA BEFORE THE HON'BLE GOVERNOR, VIA
MAIL DATED 30.11.2021.
Exhibit P16TRUE COPY OF THE LETTER SENT BY THE PTA TO
THE 7TH RESPONDENT DATED 07.12.2021 WITH ITS
ENGLISH TRANSLATION.

¶289

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¶291

Exhibit P17TRUE COPY OF THE MEMORANDUM SUBMITTED BY THE
PETITIONER BEFORE THE CHIEF MINISTER, DATED
27.12.2021 WITH ITS ENGLISH TRANSLATION.

¶292

Exhibit P17ATRUE COPY OF THE REPLY NO.11/21 DATED
24.12.2021 TO RTI APPLICATION EVIDENCING THE
EXTENT OF LAND ACQUIRED BY NTPC FOR
KAYAMKULAM COAL POWER PROJECT WITH ITS
ENGLISH TRANSLATION.

¶293

Exhibit P18TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PTA BEFORE THE CHIEF MINISTER, DATED
27.12.2021.

¶294

Exhibit P19TRUE COPY OF THE RELEVANT PAGES OF THE 197TH
DECISION OF THE PARLIAMENTARY STANDING
COMMITTEE ON HUMAN RESOURCE DEVELOPMENT,
DATED 17.08.2007.

¶295

RESPONDENT EXHIBITS

¶296

Exhibit R1(a):TRUE COPY OF THE LETTER
NO.KYM/P&A/ESTT/98/2131 DATED 29.07.98 ALONG
WITH RESOLUTION PASSED BY BOD AND TERMS AND
CONDITIONS SIGNED BY NTPC, KAYAMKULAM.

¶297

Exhibit R1(b)ANNEXURE IV-TERMS AND CONDITIONS FOR OPENING
KENDRIYA VIDYALAYA CAMPUS OF PUBLIC SECTOR
UNDERTAKING/INSTITUTIONS OF HIGHER LEARNING.
Exhibit R2(A)TRUE COPY OF THE MINUTES OF THE MEETING HELD
UNDER THE CHAIRMANSHIP OF THE HON’BLE
MINISTER FOR GENERAL EDUCATION HELD ON
28/12/2021.

¶298

Exhibit R3(a)OFFICE ORDER DT.07.05.1999 OF THE KENDRIYA
VIDYALAYA SANGATHAN.

¶299

Exhibit R3(b)TRUE COPY OF THE OFFICE MEMORANDUM DATED
06/10/2021 ALONG WITH THE MINUTES OF THE
MEETING DATED 31/08/2021.

¶300

//TRUE COPY//

¶301

P.A. TO JUDGE

Ramesh Chennithala v. the Union of India

Case brief

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Ramesh Chennithala v. the Union of India

Case brief

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