Kerala High Court
Ramesh Chennithala vs The Union Of India on 15 February, 2022
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WP(C) No.3347/2022 1 / 14
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 15th day of February 2022 / 26th Magha, 1943
WP(C) NO. 3347 OF 2022(S)
PETITIONER:
RAMESH CHENNITHALA, 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-690514.
RESPONDENTS:
1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF
EDUCATION, SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, NEW
DELHI-110001.
2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3. THE NATIONAL THERMAL POWER CORPORATION (NTPC) LIMITED, REGISTERED
OFFICE AT NTPC BHAWAN, SCOPE COMPLEX, 7 INSTITUTIONAL AREA, LODHI
ROAD, NEW DELHI-110003, REPRESENTED BY ITS DIRECTOR.
4. THE NATIONAL THERMAL POWER CORPORATION (NTPC) LIMITED, KAYAMKULAM,
CHOOLATHERUVU P.O., ALAPPUZHA DISTRICT-690506, REPRESENTED BY ITS
ADDITIONAL GENERAL MANAGER.
5. THE KENDRIYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED
JEET SINGH MARG, NEW DELHI-110016, REPRESENTED BY THE ASSISTANT
COMMISSIONER (ADMN.).
6. THE DEPUTY COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, REGIONAL
OFFICE, IGH ROAD, KADAVANTHARA, NEAR RAJIV GANDHI INDOOR STADIUM,
ERNAKULAM-682020.
7. THE KENDRIYA VIDYALAYA, NATIONAL THERMAL POWER CORPORATION (NTPC),
CHEPPAD, KAYAMKULAM P.O., ALAPPUZHA DISTRICT-690507, REPRESENTED BY
ITS CHAIRMAN.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
(i) Stay the operation of Exhibit P5 and action pursuant to it,
pending disposal of the writ petition;
(ii) Direct the respondents to ensure that the 7th respondent school
is run at the same locality for the succeeding years as was run in the
past, pending disposal of the writ petition.
P.T.O
WP(C) No.3347/2022 2 / 14
(iii) Direct the 3rd respondent to not to discontinue the
sponsorship of the 7th respondent school, pending disposal of the writ
petition.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and upon hearing the
arguments of M/S GEORGE POONTHOTTAM (SR.), NISHA GEORGE, J.VISHNU
Advocates for the petitioners, SMT. MINI GOPINATH, CENTRAL GOVERNMENT
COUNSEL FOR R1,SRI. N. MANOJ KUMAR, STATE ATTORNEY FOR R2 , SRI. ANAND,
ADVOCATE FOR FOR R3 & R4 AND OF SRI. MAYANKUTY MATHER, ADVOCATE FOR R5 TO
R7, the court passed the following:
WP(C) No.3347/2022 3 / 14
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
======================================
W. P. (C) No. 3347 of 2022
======================================
Dated this the 15th day of February, 2022
ORDER
S. Manikumar, C. J.
Pursuant to the directions dated 01.02.2022, on behalf of the State of Kerala, represented by the Chief Secretary, Government Secretariat, Thiruvananthapuram, the 2nd respondent, learned State Attorney has filed a statement dated 11.02.2022, explaining the steps taken to retain Kendriya Vidyalaya at NTPC, Kayamkulam.
2. Relevant paragraphs of the statement, containing the details of the meeting and letters addressed by the State Government to the Hon'ble Minister for Education, Government of India, New Delhi and Assistant Commissioner (Admn.), Kendriya Vidyalaya Sangathan, New Delhi, are extracted hereunder:-
"2. Kendriya Vidyalaya, NTPC, Kayamkulam was opened in the year 1999-2000 in the project sector under the sponsorship of NTPC, Kayamkulam and it is the only Kendriya Vidyalaya in Alappuzha District. NTPC authorities have now decided to stop sponsoring the 7th respondent School and they WP(C) No.3347/2022 4 / 14 W. P. (C) No. 3347 of 2022 -2- have sent Exhibit P5 letter dated 01.12.2020 to the Assistant Commissioner (Administration), Kendriya Vidyalaya Sangathan, New Delhi stating that at present the wards of NTPC personnel, are only 5% of the total strength of the school and that the NTPC has been incurring an expenditure of over 3 Crores per annum towards running the said Kendriya Vidyalaya and the cost incurred by NTPC per NTPC student is not commensurate with the benefit, the wards of their employees are deriving from the school. It was also pointed out that the NTPC, Kayamkulam is not generating power for more than 6 years due to lack of schedule and is under reserve shut down with chances of revival being bleak. Accordingly they have decided to terminate the agreement/ sponsorship with KV Sangathan w.e.f. the academic year 2022-23 onwards.
3. It is submitted that the State Government have received representations from Sri. A.M. Ariff, Member of Parliament from Alappuzha and the petitioner Sri. Ramesh Chennithala, Member of Legislative Assembly from Harippad requesting to intervene and to take steps to retain Kendriya Vidyalaya at Kayamkulam. The District Collector, Alappuzha had convened a meeting on 11.01.2021 to sort out the difficulties and for the continued functioning of the school, in which apart from the District Collector, the representatives of PTA, the Principal, Kendriya Vidyalaya, NTPC, Kayamkulam, AGM (HR), NTPC, Kayamkulam, LGM, NTPC, Kayamkulam had participated. In the said meeting, it was decided to request the NTPC authorities to transfer the building and land to the school to the State Government which can then lease back to the Kendriya Vidyalaya Sangathan for running the school. It was WP(C) No.3347/2022 5 / 14 W. P. (C) No. 3347 of 2022 -3- agreed that both the Kendriya Vidyalaya Sangathan and NTPC will take steps to continue functioning of the school until necessary action is taken to transfer the land and buildings.
However it is now seen that NTPC has not taken any fruitful further action on the basis of the decision arrived at in the meeting.
4. It is submitted that since nothing fruitful had happened subsequent to the meeting held on 11.01.2021, the Hon'ble Minister for General Education convened a meeting on 28.12.2021 in which various stakeholders including (i) Member of Parliament, Alappuzha, (ii) Member of Legislative Assembly, Harippad, (iii) General Manager, NTPC, Kayamkulam, (iv) ADM, Alappuzha, (v) Deputy Commissioner, Kendriya Vidyalaya Sangathan, Ernakulam, (vi) Principal, Kendriya Vidyalaya, Kayamkulam and (vii) Joint Director of General Education had participated. In the said meeting, the following decisions were taken:
(1) 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 explaining the urgency to start the Kendriya Vidyalaya in civil sector and to retain KV as such for the time being and to start admission procedure for the next academic year.
(2) 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. (3) It is also decided to address to 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.
(4) The NTPC General Manager and Deputy Commissioner WP(C) No.3347/2022 6 / 14 W. P. (C) No. 3347 of 2022 -4- Kendriya Vidyalaya Sangathan are entrusted to convey the general feeling of the meeting to NTPC authorities and to the Commissioner, Kendriya Vidyalaya Sangathan regarding the retaining of Kendriya Vidyalaya.
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 is produced herewith and marked as Annexure R2(a).
5. It is submitted that as decided in the meeting held on 28.12.2021, the Hon'ble Minister for General Education has addressed the Hon'ble Minister for Education, Government of India and Assistant Commissioner (Administration), Kendriya Vidyalaya, Sangathan, New Delhi requesting to take necessary steps to convert NTPC, Kendriya Vidyalaya into Civil Sector and to retain the Kendriya Vidyalaya inside NTPC campus and direct the NTPC to take admission for the academic session 2021-2022 till a permanent alternative arrangement is made or in the alternate, the Government of India may allow atleast an amount of Rs.3 Crores annually to run the Kendriya Vidyalaya under NTPC. True copy of the letter dated 29.12.2021 addressed to the Hon'ble Minister for Education, Government of India, New Delhi is produced herewith and marked as Annexure R2(b). True copy of the letter dated 29.12.2021 addressed to the Assistant Commissioner (Administration), Kendriya Vidyalaya Sangathan, New Delhi is produced herewith and marked as Annexure R2(c).
6. It is respectfully submitted that the State Government is of the considered view that Kendriya Vidyalaya, Kayamkulam should continue to function under the NTPC, WP(C) No.3347/2022 7 / 14 W. P. (C) No. 3347 of 2022 -5- Kayamkulam or it has to be maintained in the civil sector. Decision in this regard has to be taken by NTPC, Kendriya Vidyalaya Sangathan and Government of India. The Government in General Education Department, State of Kerala has done everything possible for the continuation of the Kendriya Vidyalaya at Kayamkulam.
Annexure R2(a) 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.
List of Participants
1. Sri. A.M.Ariff, M.P
2. Sri.Ramesh Chennithala, MLA
3. Sri.S.K.Ram, General Manager, NTPC, Kayamkulam.
4. Sri Moby J, A. D. M, Alappuzha
5.Sri.R.Senthil Kumar, Deputy Commissioner, Kendreeya Vidyalaya Sangathan Emmakulam
6. Smt.Hema. K, Principal, Kendreeya Vidyalaya, Kayamkulam.
7. Sri. A. Aboobakar, Joint Director, Directorate of General Education.
8. Smt. Shyla V.R, Deputy Director of Education, Alapuzha.
9. Sri Ampili S, P T A Secretary
10. Sri Kamalan, PTA Member
11. Sri. Alan Thomas, PTA Member
12. Sri.Adv.Jayakrishnan PTA Member WP(C) No.3347/2022 8 / 14 W. P. (C) No. 3347 of 2022 -6-
13. Sri.Liyakath Parampi, PTA Member
14. H.Niyas, PTA Member
15. Adv. V.Shukkor, PTA Member 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 1st 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 apprise their higher authorities the feelings of the local people and the positive stand taken by the State Govt in the matter.
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.
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 WP(C) No.3347/2022 9 / 14 W. P. (C) No. 3347 of 2022 -7- year and only Rs.3 Crore is needed to run the KV, but the NTPC is not to ready to spare the land to operate the KV in civil sector.
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. 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.
Members of PTA also requested that KV should be retained in Civil Sector by using the land already allotted to NTPC.
After detailed discussions, the following decisions were taken:
1. 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 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.
2. 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.
3. It is also decided to address to 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.
4. The NTPC General Manager and Deputy Commissioner WP(C) No.3347/2022 10 / 14 W. P. (C) No. 3347 of 2022 -8- 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.
Meeting ended at 12.05 pm. Annexure R2(b) Thiruvananthapuram Date.............................
SIVANKUTTY MINISTER FOR GENERAL EDUCATION & LABOUR GOVERNMENT OF KERALA IMMEDIATE D.O.No.D1/101/2021/Gedn. Dated 29-12-2021 Dear Sri.Dharmendraji, Sub:- Retention of Kendriya Vidyalaya (Code No.1792) inside the campus of NTPC, Kayamkulam. I would like to invite your kind attention to the plight of the only Kendriya Vidyalaya in Alappuzha District of Kerala, which is under the verge of closure.
The school was established as a Project School under the funding of NTPC, mainly for the wards of NTPC employees and CISF personnel. It has been functioning from academic year 1996-1997. At present the school has 1100 students studying in classes I to XII.
NTPC has informed the Kendriya Vidyalaya Sangathan about its decision to terminate school sponsorship due to financial constraints. NTPC has also requested Kendriya Vidyalaya Sangathan not to take any fresh admission for the academic session 2021-2022.
WP(C) No.3347/2022 11 / 14 W. P. (C) No. 3347 of 2022 -9-Under the circumstances, considering the future of currently enrolled 1100 students, as well as those aspiring to get admission in this KV, Government of Kerala has decided to request Ministry of Education, Government of India, to take necessary steps to convert NTPC Kendriya Vidyalaya into a Civil Sector Kendriya Vidyalaya and to retain the Kendriya Vidyalaya inside NTPC campus and direct the NTPC to take admission for the academic session 2021-2022, till a permanent alternative arrangement is made.
OR Government of India may allot atleast an amount of Rs.3 crore annually to run the KV under NTPC.
I request your immediate intervention for a favourable decision in this regard.
With warm regards.
Yours sincerely, Sd/-
V. SIVANKUTTY Sri.Dharmendra Pradhan, Hon.Minister for Education, Government of India, Shastri Bhavan, C-Wing, Dr.Rajendra Prasad Road, New Delhi.
ANNEXURE R2(c) Thiruvananthapuram Date. 29.12.2021 SIVANKUTTY MINISTER FOR GENERAL EDUCATION & LABOUR GOVERNMENT OF KERALA IMMEDIATE WP(C) No.3347/2022 12 / 14 W. P. (C) No. 3347 of 2022 -10- No.D1/101/2021/Gedn.
Dear Assistant Commissioner (Admn.) Sub:- Retention of Kendriya Vidyalaya (Code No.1792) inside the campus of NTPC, Kayamkulam. Ref:- Let. No.1034/HR/KV-CLOSURE/2020-21 dated 1st Dec. 2020 of AGM (HR), NTPC addressed to Assistant Commissioner (Admn.) KVS.
As per the discussions in the meeting held on 28 Dec.2021 regarding the closure of Kendriya Vidyalaya (Code No.1792) inside the NPTC campus, Kayamkulam, Kerala and considering the future of currently enrolled 1100 students, as well as those aspiring to get admission in this KV, Government of Kerala has decided to request Ministry of Education, Government of India, to take necessary steps to convert NTPC Kendriya Vidyalaya into a Civil Sector Kendriya Vidyalaya OR Government of India may allot atleast an amount of Rs.3 crore annually to run the KV under NTPC.
Hence, Kendriya Vidyalaya Sangathan may be requested to take steps to retain the Kendriya Vidyalaya insider NTPC campus and to take admission for the academic session 2021- 2022, till a permanent alternative arrangement is made.
Regards, Yours sincerely, Sd/-
V. SIVANKUTTY Assistant Commissioner (Admn.) Kendriya Vidyalaya Sangathan, 18, Institutional area, Shaheed Jeet Singh Marg, New Delhi."
WP(C) No.3347/2022 13 / 14 W. P. (C) No. 3347 of 2022 -11-3. Ms. Mini Gopinath, learned Central Government Counsel appearing for the Secretary, Ministry of Education, New Delhi, the 1 st respondent, submitted that instructions would be obtained within a week's time.
4. Mr. Anand, learned Senior Counsel appearing for respondent Nos. 3 and 4, submitted that he would be ready within a week's time.
5. Intention of the State Government to retain Kendriya Vidyalaya at NTPC, Kayamkulam, is explicit. It is a decision of the NTPC that due to financial liability, they cannot continue funding.
Response of NTPC and Union of India, as regards funding, if not supported by NTPC, is required, as expeditiously as possible.
Students are stated to have been admitted.
Post on 22.02.2022.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb 15-02-2022 /True Copy/ Assistant Registrar WP(C) No.3347/2022 14 / 14 APPENDIX OF WP(C) 3347/2022 Exhibit P5 TRUE COPY OF THE LETTER NO.1034/HR/KV-CLOSURE/2020-21 DATED 01.12.2020 SENT BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT ANNEXURE 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 ANNEXURE R2(b) TRUE COPY OF THE LETTER DATED 29.12.2021 ADDRESSED TO THE HON'BLE MINISTER FOR EDUCATION, GOVERNMENT OF INDIA, NEW DELHI ANNEXURE R2(c) TRUE COPY OF THE LETTER DATED 29.12.2021 ADDRESSED TO THE ASSISTANT COMMISSIONER (ADMINISTRATION), KENDRIYA VIDYALAYA SANGATHAN, NEW DELHI P.T.O