Kerala High Court
P.K.Padmarajan vs State Of Kerala on 22 September, 1997
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
WP(C).No. 11712 of 2015 (L)
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PETITIONER:
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P.K.PADMARAJAN, MANAGER,
MALAPARAMBA AUP SCHOOL,
P.O.MALAPARAMBA,
KOZHIKODE DISTRICT - 673 009.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY
SECRETARY TO GENERAL EDUCATION
DEPARTMENT, TRIVANDRUM - 695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3. DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE - 673 001.
4. THE ASSISTANT EDUCATIONAL OFFICER,
KOZHIKODE CITY, KOZHIKODE - 673 001.
BY GOVERNMENT PLEADER SMT.LILLY.K.T
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18-01-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C).No. 11712 of 2015 (L)
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APPENDIX
PETITIONERS' EXHIBITS:
EXT. P1: A TRUE COPY OF THE PROCEEDINGS DATED 22.9.1997.
EXT. P2: A TRUE COPY OF THE ORDER DATED 16.6.2000.
EXT. P2(A): TRUE COPIES OF THE ORDER DATED 10.7.2003.
EXT. P3: A TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT
TO THE 3RD RESPONDENT WITH COPY TO THE PETITIONER.
EXT. P4: A TRUE COPY OF THE ORDER DATED 1.11.2013.
EXT. P5: A TRUE COPY OF THE ORDER DATED 11.4.2014.
EXT. P6: A TRUE COPY OF THE INTERIM ORDER DATED 23.5.2014 IN
WP(C)12540/2014.
EXT. P7: A TRUE COPY OF THE ORDER DATED 25.4.2014.
EXT. P8: A TRUE COPY OF THE JUDGMENT IN WP(C)NO.12540/2014.
EXT. P9: A TRUE COPY OF THE NOTICE DATED 31.3.2015.
EXT. P9(A): A TRUE COPY OF THE GO(RT)NO.3276/15/G.EDN DATED 6.8.2015.
EXT. P9(B): A TRUE COPY OF THE COVERING LETTER ALONG WITH THE PLAN.
EXT. P10: A TRUE COPY OF THE NOTICE DATED 1.3.2000.
EXT. P11: A TRUE COPY OF THE NOTICE DATED 28.4.2012 BY THE SPECIAL
TAHSILDAR(LA) KOZHIKODE.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S.TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.11712 of 2015
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Dated this the 18th day of January 2016
JUDGMENT
The challenge in the writ petition is against Ext.P9(a) order of the 1st respondent, whereby, the request of the petitioner for closure of the school was rejected on the ground that, by the provisions of the Right to Education Act, the continuance of the school was necessary in public interest.
2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I find that the issue involved in the writ petition is squarely covered by the judgment of this Court in Padmanabhan A.A. v. Director of Public Instruction, TVM and others [2015(3)KHC542], where, this Count found that the right of Manager of an aided School to close down the School is not affected by the provisions of RTE Act and Rules, when such School does not have recognition under RTE Act, either on account of it not applying for a recognition or on account W.P.(c).No.11712 of 2015 : 2 : of it in not complying with provisions of the Act. It was observed in the said judgment that the closing down of the school was the right of the Manager and since in the instant case, the school in question did not have a recognition under the RTE Act, the right of the Manager to close down the school, as obtaining under the Kerala Education Act and Rules, was absolute and could not be interfered with by the respondents. The judgment of this Court was subsequently upheld by the judgement dated 22.07.2015, of the Division Bench in W.A.No.1262/2015. It is also seen that an SLP against the said Division Bench judgment was dismissed by the Supreme Court. Taking note of the said developments, I allow the writ petition, by following the judgment referred above, and quashing Ext.P9(a) order of the 1st respondent. The 4th respondent shall take immediate steps to close down the Malaparamba AUP School. The same shall be done at any rate, before 31.03.2016.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sm/