Kerala High Court
St.Joseph'S English Medium ... vs State Of Kerala on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 16th day of September 2021 / 25th Bhadra, 1943
WP(C) NO. 16132 OF 2021(N)
PETITIONERS:
1. ST.JOSEPH'S ENGLISH MEDIUM SCHOOL, MARIKUNNU P.O., CALICUT, PIN -
673 012, REPRESENTED BY ITS MANAGER, FR.PAUL PERCY D'SILVA
2. ST.JOSEPH CMI SCHOOL,PANGARAPPILLY P.O,CHELAKKARA,THRISSUR DT,PIN
680586 REPRESENED BY ITS MANAGER FR.JOHN KOLLANNUR
3. MARIYA ASSUNTA E.M SCHOOL ,MANJAPETTY,NEDUMKANDOM P.O,IDUKKI,PIN
685553 REPRESENTED BY ITS MANAGER SR.BABY ROSELANT M.L
4. ST .MARY'S HIGH SCHOOL,MARIYAPURAM
P.O,NEYYATTINKARA,THIRUVANANTHAPURAM,PIN 695122 REPRESENED BY ITS
MANAGER SR.FRANCY
RESPONDENTS
1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION
DEPARTMENT, THIRUVANANTHAPURAM - 695 001
2. DIRECTOR OF GENERAL EDUCATION,JAGATHY,THIRUVANANTHAPURAM,695014
3. DISTRICT EDUCATIONAL OFFICER ,KOZHIKODE,MANANCHIRA,KOZHIKODE PIN
673001
4. DISTRICT EDUCATIONAL OFFICER ,,THRISSUR,PALACE ROAD ,THRISSUR, PIN
680020
5. DISTRICT EDUCATIONAL OFFICER ,KATTAPPANA,IDUKKI PIN 685514
6. DISTRICT EDUCATIONAL OFFICER ,NEYYATTINKARA,THIRUVANANTHAPURAM PIN
695121
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 direct the Respondent Nos. 3 to 6 to accept the Applications
for Recognition and NOC for CBSE/ICSE affiliation submitted by the
Petitioner Schools, during the pendency of this Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
01.09.2021 and upon hearing the arguments of M/s JOSE ABRAHAM, N.RAGESH
and ADITHYAN EZHAPILLY, Advocates for the petitioners and of Smt. NISHA
BOSE, GOVERNMENT PLEADER for the Respondents, the court passed the
following:
p.t.o
RAJA VIJAYARAGHAVAN V, J.
---------------------------------
W.P.(C) Nos.16132 & 17302 of 2021
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Dated this the 16th day of September, 2021
ORDER
I have heard Adithyan Ezhappilly, the learned counsel appearing for the
petitioners and Smt. Nisha Bose, the learned Senior Government Pleader.
2. The learned Government Pleader on instructions submitted that
the Government has not taken a decision to date as to the criteria/modalities to
invite and process applications for recognition/NOC required under Section 18
of the Act. It is submitted that some delay has occurred due to the incidence of
COVID-19. It is further submitted that a decision will be taken within a period
of three weeks. An adjournment was sought to place on record a counter
affidavit.
3. Sri. Adithyan, the learned counsel submitted that any further delay
in consideration of the application will adversely affect the interest of the
institutions and they will not be in a position to enforce the minority rights.
They also will not be in a position to equip the children who frequent their
schools.
4. The petitioners in these writ petitions are schools run by religious
minorities. They are imparting education by following the CBSE and State
syllabus. Their grievance essentially is that the Government is not accepting
their application seeking recognition/NOC for CBSE/ICSE/State Syllabus as
mandated under Section 18 of the Right of Children to Free and Compulsory
Education Act, 2009.
5. As per Section 18 of the Act, no school other than a school
established, owned or controlled by the appropriate Government or the local
authority shall, after the commencement of Act 35 of 2009, be established or
function without obtaining a certificate of recognition.
6. Ext.P3 letter issued by the Government which is dated 10.2.2020
reveals that the Government had decided to invite and process applications for
recognition/NOC required under Section 18 of the Act from all managements of
unaided schools in the State following CBSE/ICSE/State syllabus as per the
respective guidelines issued by the Government. The management was
required to furnish necessary applications in the prescribed proforma along with
attendant documents before the educational authorities concerned latest by
31.5.2020 and the DGE was required to furnish the proposals/application to the
Government for approval on or before 30.6.2020.
7. The petitioner contends that this Court in Ext.P4 judgment dated
25.9.2019 in W.P.(C) No.24330/2019 and judgment dated 5.11.2019 in W.P.(C)
No. 27109/2019 had taken the view that the cut off date prescribed by the
Government for the academic year 2019-2020 is only a direction for the
purpose of processing the application in a time-bound manner and was not
fixed based on any statutory provisions. It was held that the cut off date cannot
be held to be mandatory and the DEO was directed to process the application
in accordance with law.
8. Having considered the submissions and after going through
Exts.P4 and P5 judgments relied on by the learned counsel, I am of the view
that there is no justification on the part of the educational authorities in not
accepting the application for recognition on the ground that the modalities have
not yet been fixed.
9. As an interim measure, there will be a direction to the petitioners
to file an appropriate application before the concerned DEO as per the
guidelines earlier issued by the Government and referred to in Ext.P3 within a
period of one week from today. The DEO shall accept the application without
being in any way restricted by the cut off date prescribed in Ext.P3. The DEO
shall complete the formalities as per the guidelines and a report shall be
forwarded to the DGE who shall furnish the proposals/application (complete in
all respects) to the Government for approval within a further period of three
weeks. The Government shall take a decision as per procedure and in
accordance with law within a period of two months from the date on which the
proposals/applications forwarded by the DGE reach the Government.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
16-09-2021 /True Copy/ Assistant Registrar
