Kerala High Court
Csi Tiny Tots English Medium School vs The Deputy Director (Education) on 15 September, 2025
2025:KER:68521
WP(C) NO. 13462 OF 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 13462 OF 2019
PETITIONERS:
1 CSI TINY TOTS ENGLISH MEDIUM SCHOOL
REP. BY ITS MANAGER, REV. N. NITTEN BOSE,
AGED 49, S/O. N.T BOSE, NEW MUNNAR, MUNNAR 685612.
2 MRS. REGINA SELWIN,
AGED 60 YEARS
W/O. LATE PETER SELWIN, THE SECRETARY,
CSI TINY TOTS ENGLISH MEDIUM SCHOOL,
NEW MUNNAR, MUNNAR 685 612.
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
RESPONDENTS:
1 THE DEPUTY DIRECTOR (EDUCATION),
OFFICE OF THE DEPUTY DIRECTOR (EDUCATION,
THODUPUZHA, IDUKKI 685 584
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM 695 001
3 THE DISTRICT EDUCATION OFFICER,
OFFICE OF THE DISTRICT EDUCATION OFFICER,
KATTAPPANA, IDUKKI 685 508
4 THE DIRECTOR OF GENERAL EDUCATION,
DEPARTMENT OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM 695 014
OTHER PRESENT:
SRI.E.G.GORDEN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed by CSI Tiny Tots English Medium School through its Manager. The second petitioner is the Secretary of CSI Tiny Tots English Medium School, New Munnar. The petition is preferred on the ground of grievance arising from the non-consideration of their application for regularization of recognition by the education authorities.
2. The school commenced functioning in 2008 and offers classes from Pre-KG to 5th Standard. It is stated that there are currently 207 students enrolled, the majority of whom belong to families of plantation workers. The teaching staff are well qualified in their respective fields and the school has been operating continuously for the past 10 years. Further, it is submitted that the school has been assigned a school code by the Government of Kerala, 32090400285 and is classified under Category No. 01, which pertains to primary education only, covering grades 1 to 5. The majority of the students in the primary classes receive free education. The school is also subject to periodic visits 2025:KER:68521 WP(C) NO. 13462 OF 2019 3 and inspections by the Health Inspector of the local administrative body, as well as by officers from the Education Department. While matters were continuing as such, the petitioners were served with a notice dated 19.09.2017 by the 1st respondent, stating that the petitioner school had not obtained recognition in accordance with the provisions of the Right of Children to Free and Compulsory Education Act, 2009. As per Section 18(1) of the said Act, in the absence of such recognition, the school was directed to be closed down within 7 days.
3. However, the petitioners contend that the said notice is unsustainable in law, as the petitioner school is a Christian minority institution enjoying the protection guaranteed under Article 30(1) of the Constitution of India. It is further submitted that it is the duty of the Government to safeguard the interests of minorities in matters concerning the preservation of their culture, language, and script, including the establishment and administration of educational institutions for religious and charitable purposes.
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4. In the aforesaid circumstances, the petitioners preferred W.P.(C) No. 6526 of 2018 seeking to quash the closure order issued by the 1st respondent. The said writ petition was considered along with a batch of similar writ petitions and disposed of by a common judgment dated 05.07.2018. In the said judgment, a direction was issued to the official respondents, which reads as follows:
I. In respect of the schools which had applied for recognition or for No Objection Certificate and stands rejected, they are free to submit application for recognition and No Objection Certificate again. Those who have not so far applied for recognition, they must apply for the same within a period of 1 month from the date of receipt of a copy of this judgment. This would be applicable equally to the schools which had established prior to the commencement of the Act, and subsequent to the Act. If such schools do not apply for recognition, the State government is free to close down such schools from the next academic year onwards.
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II. All pending applications for
recognition shall be considered by the State Government in the light of the discussions as above.
III. The petitioners are free to resubmit the applications and also free to file fresh applications. All the applications shall be considered before 15.09.2018.
IV. The impugned orders rejecting No Objection Certificate are set aside. If the schools are granted recognition, certainly, all that schools shall be given No Objection Certificate within time.
V. Fresh application/ resubmission shall be filed within a period of 1 month from the date of receipt of a copy of this judgment. It is made clear that in case the Government refuses to grant recognition and also any of the schools have failed to submit application for recognition, the Government is free to close down such schools from the next academic year onwards.
VI. The application shall be
submitted before the Educational
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Officer/authority as prescribed under Act 35 of 2009 and State Rules.
VII. The Government cannot insist
pre school/kindergarten to have
recognition under Act 35 of 2009.
VIII. The CBSE is directed to accept
all completed applications submitted on or before 15.10.2018.
IX. The State Government is free to insist such conditions as referrable under Section 38 of Act 35 of 2009 for compliance by the Schools.
In compliance with the directions issued in the common judgment, the petitioner submitted Ext.P2 application on 13.08.2018. However, after a considerable lapse of time, by proceedings dated 24.04.2019, the petitioner was served with a communication stating that the application was defective. It was pointed out that the application had been submitted without remitting the requisite fee on or before 15.09.2018, along with several other defects, which were detailed in 11 points ( Ext.P3).
5. When the matter was considered on 21.05.2019, 2025:KER:68521 WP(C) NO. 13462 OF 2019 7 a direction was issued by the school authorities that the petitioner's application (Ext.P3) shall be considered upon resubmission along with the necessary challan, to be submitted within a period of three days.
6. It is submitted by the learned counsel for the petitioner that, in compliance with the said direction, the petitioner resubmitted the application along with the required documents and the prescribed fee. However, the resubmitted application was not accepted by the authorities.
7. This writ petition has been pending before this Hon'ble Court since 08.05.2019. The school continues to function even now. It is a matter of fact that the majority of the students belong to plantation worker families.
8. On taking these factors into account and taking a lenient view, a direction is issued to the official respondents to consider the application preferred by the petitioner, after curing the defects and accepting the requisite fee for recognition, in accordance with the applicable rules. The said 2025:KER:68521 WP(C) NO. 13462 OF 2019 8 application shall be considered and appropriate orders passed in accordance with law, within a period of three months from the date of receipt of a copy of this judgment.
Accordingly, this writ petition is disposed of.
Sd/-
P.M.MANOJ JUDGE rkr 2025:KER:68521 WP(C) NO. 13462 OF 2019 9 APPENDIX OF WP(C) 13462/2019 PETITIONER EXHIBITS EXHIBIT P1 THE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 6526/2018 DATED 05-07- 2018 EXHIBIT P2 THE COPY OF THE APPLICATION FOR RECOGNITION SUBMITTED BY THE 1T PETITIONER, DATED 13- 08-2018 EXHIBIT P3 THE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT ADDRESSED TO THE SUB- DISTRICT EDUCATION OFFICER, MUNNAR, DATED 24-04-2019 //True Copy// PA TO JUDGE