Kerala High Court
Ramesh Chennithala vs The Union Of India on 16 March, 2022
W.P.(C)No.3347 of 2022-S
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 3347 OF 2022
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-690 514.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
J.VISHNU
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
EDUCATION, SHASTRI BHAWAN, DR. RAJENDRA PRASAD
ROAD, NEW DELHI-110 001.
2 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
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.
W.P.(C)No.3347 of 2022-S
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4 THE NATIONAL THERMAL POWER CORPORATION (NTPC)
LIMITED,
KAYAMKULAM, CHOOLATHERUVU P.O., ALAPPUZHA
DISTRICT-690 506, REPRESENTED BY ITS
ADDITIONAL GENERAL MANAGER.
5 THE KENDRIYA VIDYALAYA SANGATHAN,
18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG,
NEW DELHI-110 016, REPRESENTED BY THE ASSISTANT
COMMISSIONER (ADMN.).
6 THE DEPUTY COMMISSIONER,
KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE,
IGH ROAD, KADAVANTHARA, NEAR RAJIV GANDHI
INDOOR STADIUM, ERNAKULAM-682 020.
7 THE KENDRIYA VIDYALAYA,
NATIONAL THERMAL POWER CORPORATION (NTPC),
CHEPPAD, KAYAMKULAM P.O., ALAPPUZHA DISTRICT-
690 507, REPRESENTED BY ITS CHAIRMAN.
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
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.3347 of 2022-S
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JUDGMENT
S.Manikumar, C.J.
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 4th 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.
2. 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
W.P.(C)No.3347 of 2022-S
foregoing, it has been decided to terminate the agreement/
sponsorship entered into between NTPC and KV Sangathan,
New Delhi-the 5th 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:
"i. Issue a Writ of mandamus commanding the 1 st
respondent to ensure that funds required for
functioning of the 7th respondent school is being
provided without fail;
ii. Issue a Writ of Certiorari calling for records leading up
to Exhibit P5 and to quash the same;
iii. Issue a Writ of Mandamus to the 2nd, 3rd and 4th
respondents, directing them to take urgent steps to
transfer the buildings and land occupied by the 7th
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
W.P.(C)No.3347 of 2022-S
sector;
iv. Issue a Writ of Mandamus directing the 3rd respondent
not to cease sponsorship of the 7th respondent school;
v. Issue a Writ of Mandamus to the 3rd and 5th respondents
to take steps to conduct admissions to class I in the 7 th
respondent School for the academic year 2022-23."
3. More basic facts for the disposal of the writ petition are
as follows:
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
sector and under State and Central Governments.
4. KV Sangathan is registered as a society under the
Societies Registration Act (XXI of 1860) setup by the Ministry of
Human Resource Development, Government of India. The
primary aim of the Sangathan is to provide, establish, endow,
W.P.(C)No.3347 of 2022-S
maintain, control and manage the KVs located all over India and
abroad.
5. 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.
6. 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
W.P.(C)No.3347 of 2022-S
other requisite aspects are dealt with in Exhibits P1 to P4
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.
7. Be that as it may, on 22.01.2021, the Deputy
Commissioner of KV Sangathan - 5th 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
W.P.(C)No.3347 of 2022-S
the position taken in Exhibit P5 letter apart from agreeing to
maintain admissions till 2021-2022 academic year.
8. 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.
9. 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
W.P.(C)No.3347 of 2022-S
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.
10. 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
W.P.(C)No.3347 of 2022-S
developments that have taken place, consequent to the
representations made to the State Government.
11. 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.
12. A joint counter affidavit is filed by the Union of India -
the 1st respondent, the KV Sangathan, Deputy Commissioner, KV
W.P.(C)No.3347 of 2022-S
Sangathan and the KV, NTPC, Alappuzha, wherein it is submitted
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:
"i. The Public Sector Undertaking should have branches/offices
in different linguistic regions.
ii. The employees of the department should be (de-facto)
transferable from one branch office to another and to
Headquarters.
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.
iv. No alternative educational facilities should be available at
the station.
v. The Public Sector Undertaking/Institutions of Higher
Learning shall bear all the recurring and non-recurring
expenditure on the proposed Kendriya Vidyalaya.
W.P.(C)No.3347 of 2022-S
vi. The Department shall provide, free of cost suitable land and
building for housing the Vidyalaya.
vii. The Department shall provide, free of cost, land and
building for the future development of the Vidyalaya.
viii. The Department shall provide all equipment, free of cost
to the Vidyalaya.
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.
x. The proposed Kendriya Vidyalaya shall be administered and
governed in accordance with the rules of the Sangathan, as
amended from time to time.
xi. The Sangathan shall not admit any liability towards the staff
and students of any existing school running inside the
campus of the Department.
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. "
13. It is further submitted that the project sector KVs are
opened by KV Sangathan on the specific request of the
sponsoring project authorities by signing the terms and
conditions/MoU between the KV Sangathan and the Project
W.P.(C)No.3347 of 2022-S
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.
14. 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.
W.P.(C)No.3347 of 2022-S
15. That apart, it is pointed out that the matter regarding
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:
"TERMS AND CONDITIONS FOR OPENING OF A KENDRIYA
VIDYALAYA IN THE CAMPUSES OF PUBLIC SECTOR
UNDERTAKING/ INSTITUTIONS OF HIGHER LEARNING:
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:
a) The Sangathan does not take over any existing school
b) It opens a new Kendriya Vidyalaya of its own with uniform
W.P.(C)No.3347 of 2022-S
curriculum and pattern of education
c) The Sangathan does not run KG or Pre-primary classes.
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.
II. FINANCIAL OBLIGATIONS:
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
III. LAND AND BUILDING FOR THE PROPOSED KENDRIYA
VIDYALAYA:
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
W.P.(C)No.3347 of 2022-S
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.
IV. RESIDENTIAL ACCOMMODATION:
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.
V. ADMISSIONS: Admission Priorities in Kendriya Vidyalaya
in Public Sector Undertaking/Institution of
Higher Learning:
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.
II. KENDRIYA VIDYALAYAS IN PUBLIC SECTOR UNDERTAKINGS:
a) Children of the employees of the concerned Undertaking
provided it meets all expenses, recurring as well as non-
recurring, land, building and equipment, etc.
W.P.(C)No.3347 of 2022-S
b) Children of Central Government employees including
Defence/CRPF/BSF personnel in uniform and employees
of All India Services and Indian Foreign Service.
c) Children of transferable employees of the Autonomous
bodies and other Public Sector Undertakings, fully
financed by the Central Government.
d) Children of non-transferable Central Government
employees and Defence Personnel; and
e) Children of the other floating population which includes
civilian population desirous of joining the patterns of
studies adopted in Kendriya Vidyalaya.
III. KENDRIYA VIDYALAYA IN INSTITUTION OF HIGHER LEARNING :
a) Children of the employees of the Institution where land,
building, equipment and recurring and non-recurring
expenses are provided by the Institution concerned;
b) Children of transferable Central Government employees
including Defence/CRPF/BSF personnel in uniform and
employees of All India Services and Indian Foreign
Service;
c) Children of transferable employees of the Autonomous
bodies and other Public Sector Undertakings, fully
financed by the Central Government.
d) Children of non-transferable Central Government
employees and Defence Personnel; and
e) Children of the other floating population, which includes
civilian population desirous of joining the pattern of
studies adopted in the Kendriya Vidyalaya.
NOTE: However, in the case of Kendriya Vidyalayas set up in
W.P.(C)No.3347 of 2022-S
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.
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.
VI. STAFF:
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:
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:
The School will get itself affiliated to the Central Board of
W.P.(C)No.3347 of 2022-S
Secondary Education, New Delhi at the appropriate time.
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.
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.
The terms and conditions as referred to above are accepted
and confirmed.
Sd/-
PLACE: Kayamkulam SIGNATURE OF SPONSORING AUTHORITY
DATED:29.7.98 WITH SEAL"
16. 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
W.P.(C)No.3347 of 2022-S
NTPC has been recommending for sanction of classes, every
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.
17. 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
W.P.(C)No.3347 of 2022-S
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.
18. 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.
19. 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
W.P.(C)No.3347 of 2022-S
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.
20. 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:
"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.
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.
2. 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
W.P.(C)No.3347 of 2022-S
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.
3. 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).
4. 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.
5. 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.
W.P.(C)No.3347 of 2022-S
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.
ii. If NTPC is unable to continue funding then the option of
phased closure may be explored. For this, a lot of hand-
holding 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.
iv. Meanwhile, the rent/electricity facilities to teaching/non-
teaching staff in these project schools may be continued as
was being provided before decision to close down a school.
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.
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.
W.P.(C)No.3347 of 2022-S
The meeting ended with the vote of thanks to the Chairs."
21. The petitioner has also filed a reply statement to the
counter affidavit filed by the respondents.
22. 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:
"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 Particiants
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 Ernakulam.
W.P.(C)No.3347 of 2022-S
6. Smt.Hema. K, Principal, Kendrecya Vidyalaya, Kayamkulam.
7. Sr.A.Aboobakar, Joint Director, Directorate of General
Education.
8. Smt. Shyla V.R, Deputy Director of Education, Alapuzha.
9. Sri.Ampili. S, PT. A Secretary.
10. Sri.Kamalan, PTA Member.
11. Sri.Alan Thomas, PTA Member.
12. Sri.Adv.Jayakrishnan, PTA Member.
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 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.
W.P.(C)No.3347 of 2022-S
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
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.
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
the Civil Sector by using the land already allotted to NTPC.
After detailed discussion and deliberation, 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
W.P.(C)No.3347 of 2022-S
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 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
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."
23. 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
W.P.(C)No.3347 of 2022-S
assisted by Adv.Latha Anand for NTPC, and perused the
pleadings and the material on record.
24. 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.
25. 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
W.P.(C)No.3347 of 2022-S
stated supra, in the meeting stated supra, it has been decided
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.
26. In the meanwhile, the manner in which expenditures
have to be met has also been decided, quite clear and evident
from the Minutes.
27. 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.
28. 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.
29. Now coming to the Minutes of the meeting convened
under the Chairmanship of Minister for General Education, with
W.P.(C)No.3347 of 2022-S
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.
30. 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.
31. 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.
32. 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
W.P.(C)No.3347 of 2022-S
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.
33. 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.
34. Admission for the students for the year 2022-2023 in
the 1st 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.
W.P.(C)No.3347 of 2022-S
35. Union Government, the State as well as the other
stakeholders for running of KVs, will have to take adequate
steps to translate the decisions jointly taken, in the meetings.
36. 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.
37. 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.
38. State Government as well as NTPC are directed to take
adequate steps to ensure that the decisions taken in the
W.P.(C)No.3347 of 2022-S
meetings extracted above are implemented without fail in order
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.
Writ petition is allowed as above.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
W.P.(C)No.3347 of 2022-S
APPENDIX OF WP(C) 3347/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NORMS FOR OPENING OF NEW
KVS UNDER PROJECT/IHL SECTOR.
Exhibit P1A TRUE COPY OF THE NORMS FOR OPENING OF NEW
KVS UNDER CIVIL/DEFENCE SECTOR.
Exhibit P2 TRUE 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.
Exhibit P3 TRUE COPY OF TERMS AND CONDITIONS FOR
OPENING OF A KENDRIYA VIDYALAYA IN THE
CAMPUS OF PUBLIC SECTOR UNDERTAKING
/INSTITUTIONS OF HIGHER LEARNING.
Exhibit P4 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING
FOR OPENING OF A KENDRIYA VIDYALAYA UNDER
PROJECT SECTOR SCHEME.
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.
Exhibit P6 TRUE 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.
Exhibit P7 TRUE COPY OF THE MINUTES OF THE MEETING HELD
BY THE DISTRICT COLLECTOR, DATED 11.01.2021
WITH ITS ENGLISH TRANSLATION.
Exhibit P8 TRUE COPY OF THE COMMUNICATION SENT BY THE
DISTRICT COLLECTOR ALAPPUZHA, TO THE SPECIAL
W.P.(C)No.3347 of 2022-S
P.S OF THE CHIEF MINISTER DATED 11.01.2021
WITH ITS ENGLISH TRANSLATION.
Exhibit P9 TRUE COPY OF THE COMMUNICATION SENT BY THE
DISTRICT COLLECTOR, ALAPPUZHA, TO THE
PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL
ADMINISTRATION WITH ITS ENGLISH TRANSLATION.
Exhibit P10 TRUE 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.
Exhibit P11 TRUE COPY OF THE LETTER SENT BY THE DEPUTY
COMMISSIONER, KVS TO THE DISTRICT COLLECTOR,
ALAPPUZHA, DATED 22.01.2021.
Exhibit P12 TRUE COPY OF THE MINUTES OF THE JOINT
MEETING, DATED 01.06.2021 REGARDING THE
CLOSURE OF KV, NTPC, KAYAMKULAM.
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.
Exhibit P13 TRUE COPY OF THE REPLY BY THE MINISTER OF
EDUCATION, UNION OF INDIA, IN LOK SABHA,
DATED 19.07.2021.
Exhibit P14 TRUE 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 P15 TRUE COPY OF THE MASS PETITION SUBMITTED BY
THE PTA BEFORE THE HON'BLE GOVERNOR, VIA
MAIL DATED 30.11.2021.
Exhibit P16 TRUE COPY OF THE LETTER SENT BY THE PTA TO
THE 7TH RESPONDENT DATED 07.12.2021 WITH ITS
ENGLISH TRANSLATION.
W.P.(C)No.3347 of 2022-S
Exhibit P17 TRUE COPY OF THE MEMORANDUM SUBMITTED BY THE
PETITIONER BEFORE THE CHIEF MINISTER, DATED
27.12.2021 WITH ITS ENGLISH TRANSLATION.
Exhibit P17A TRUE 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.
Exhibit P18 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PTA BEFORE THE CHIEF MINISTER, DATED
27.12.2021.
Exhibit P19 TRUE COPY OF THE RELEVANT PAGES OF THE 197TH
DECISION OF THE PARLIAMENTARY STANDING
COMMITTEE ON HUMAN RESOURCE DEVELOPMENT,
DATED 17.08.2007.
RESPONDENT EXHIBITS
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.
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.
Exhibit R3(a) OFFICE ORDER DT.07.05.1999 OF THE KENDRIYA
VIDYALAYA SANGATHAN.
Exhibit R3(b) TRUE COPY OF THE OFFICE MEMORANDUM DATED
06/10/2021 ALONG WITH THE MINUTES OF THE
MEETING DATED 31/08/2021.
//TRUE COPY//
P.A. TO JUDGE
