Kerala High Court
Mahmood.C vs The Union Territory Of Lakshadweep on 11 April, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:31617
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
WP(C) NO. 13813 OF 2025
PETITIONER:
P.K. SALEEM
AGED 44 YEARS
S/O KIDAVU HAJI (LATE), PUTHIYA KOMALAM,
KAVARATTI, UNION TERRITORY OF LAKSHADWEEP,
PIN - 682555
BY ADVS.
RILGIN V.GEORGE
K.T.RAVEENDRAN
AKSHARA K.P.
MEERA J. MENON
ARATHY P.S.
ANAGHA MANOJ
RESPONDENTS:
1 THE UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY ITS ADMINISTRATOR,
OFFICE OF THE ADMINISTRATOR,
KAVARATTI, PIN - 682555
2 THE SECRETARY
DEPARTMENT OF EDUCATION,
LAKSHADWEEP ADMINISTRATION,
KAVARATTI, PIN - 682555
3 THE DIRECTOR OF EDUCATION
DIRECTORATE OF EDUCATION,
LAKSHADWEEP ADMINISTRATION,
KAVARATTI, PIN - 682555
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W.P.(C) No.13813 & 14128 of 2025
:2:
4 THE PRINCIPAL
GOVERNMENT SENIOR BASIC SCHOOL,
KAVARATTI, PIN-, PIN - 682555
BY ADV K.S.PRENJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.04.2025, ALONG WITH WP(C).14128/2025, THE
COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
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W.P.(C) No.13813 & 14128 of 2025
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
WP(C) NO. 14128 OF 2025
PETITIONER:
MAHMOOD.C
AGED 44 YEARS
S/O AHMED (LATE), CHEKKILLAM,
KAVARATTI,
UNION TERRITORY OF LAKSHADWEEP,
PIN - 682555
BY ADVS.
S.K.SAJU
P.K.SALEEM
RESPONDENTS:
1 THE UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY ITS ADMINISTRATOR,
OFFICE OF THE ADMINISTRATOR,
KAVARATTI, PIN - 682555
2 THE SECRETARY
DEPARTMENT OF EDUCATION,
LAKSHADWEEP ADMINISTRATION,
KAVARATTI, PIN - 682555
3 THE DIRECTOR OF EDUCATION
DIRECTORATE OF EDUCATION,
LAKSHADWEEP ADMINISTRATION,
KAVARATTI, PIN - 682555
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W.P.(C) No.13813 & 14128 of 2025
:4:
4 THE PRINCIPAL
PM SHRI GOVERNMENT SENIOR SECONDARY SCHOOL,
KAVARATTI, PIN - 682555
BY ADV K.S.PRENJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.04.2025, ALONG WITH WP(C).13813/2025, THE
COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
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W.P.(C) No.13813 & 14128 of 2025
:5:
N. NAGARESH, J.
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W.P.(C) Nos.13813 and 14128 of 2025
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Dated this the 11th day of April, 2025
JUDGMENT
~~~~~~~~~
Both the writ petitions relate to issues arising
from the decision of the Lakshadweep Administration to shift
the classes of Government Senior Basic School, Kavaratti in
order to facilitate construction of a new building.
2. The petitioner in W.P.(C) No.13813/2025 is a
practising Lawyer and is the Chairman of the School
Management Committee (SMC) of the Government Senior
Basic School (GSBS), Kavaratti. The petitioner is father of
Liza Jenifer studying in 6th Standard of GSBS. The petitioner
in W.P.(C) No.14128/2025 is the Chairman of the SMC of PM
Shri Girls Senior Secondary School (GSSS), Kavaratti. The
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W.P.(C) No.13813 & 14128 of 2025
petitioner is father of Anzeera studying in 7th Standard of
GSSS.
3. The petitioner states that there is a proposal
to shift classes of GSBS to other convenient Government
buildings from the next academic year onwards so as to
facilitate demolition of the existing building of GSBS for
reconstruction. A directive has been issued to the Principal of
GSBS by the Director of Education to handover the land for
the said purpose. 432 students of GSBS which is situated at
the southern end of Kavaratti Islands are to be shifted to the
PM Shri Kendriya Vidyalaya, the Government Junior Basic
School (N) and Government Junior Basic School (E) situated
at the Northern and Eastern extremity of the Island. The SMC
was not consulted before taking any decision in this regard.
4. The petitioner submitted Exts.P1 and P2
representations to respondents 2 and 3 respectively. Shifting
the classes of GSBS to other Schools would jeopardise the
interest of the students who will have to travel more than
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3 Kms. without any public transport system available.
5. The petitioners state that as per Rule 6 of the
RTE Rules, 2010, in respect of children in Classes from I to V,
a School shall be established within a walking distance of 1
Km. of the neighbourhood. In respect of children in Classes
from VI to VIII, Schools shall be established within a walking
distance of 3 Km. of the neighbourhood. The Schools chosen
by the respondents for shifting the students are beyond the
statutory stipulation. Moreover, the three Schools to which the
students are being shifted are overcrowded with no space to
accommodate 15 Divisions and 433 students.
6. The petitioner states that in the joint meeting
of the Principals of the four Schools held on 03.03.2025, the
general consensus arrived at was in favour of the options put
forth by the SMC. Without considering the representations or
options, the 3rd respondent has now issued Ext.P4 office order
dated 08.03.2025 directing to make arrangements for shifting
of I to V Sections of GBSS to the nearby DIET Complex, as
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per Ext.P4.
7. The petitioner states that the SMC has a duty
to monitor the working of the School and to prepare and
recommend School development plan. School development
will include physical requirement of additional infrastructure
and equipments. Therefore, the SMC ought to have been
consulted before taking any decision to shift the students.
8. The petitioner in W.P.(C) No.14128/2025
states that he is the Chairman of the SMC of PM Shri GSSS,
Kavaratti. The petitioner stated that the GSSS has 31
Divisions with 918 students. If students from GSBS are
shifted to GSSS, it will definitely jeoparadise the interests of
the students, since the GSSS is already overcrowded. The
petitioner also relied on Rule 6 of the RTE Rules, 2010 and
contended that the shifting now proposed by the respondents
would violate the requirements under the RTE Act and Rules.
9. The 3rd respondent-Director of Education
filed a counter affidavit in the writ petitions. The 3rd
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respondent submitted that the Kavaratti Island lacked a Model
Senior Secondary School Building to cater to the needs of
around 2000 students pursuing their studies from pre-school
to Class XII.
10. The old Government Senior Secondary
School Complex consists of eight building. Ext.R3(a) survey
report dated 27.09.2023 recommended demolition of the old
building. All the classrooms functioning in Blocks 1, 2 and 3
were shifted to adjacent Government buildings. The children
from Standard I to VIII were not shifted in the last academic
year. The existing buildings are more than 40 years old and
the LPWD has identified the buildings for demolition due to
safety concerns. As per the LPWD Manual, major repairs or
alterations are not possible to these buildings. Allowing
school children to continue in a surveyed building is a serious
security concern.
11. I have heard the learned counsel for the
petitioners and the learned Central Government Counsel
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representing the Union Territory of Lakshadweep.
12. The petitioners, who are Chairmen of School
Management Committees, are aggrieved by the decision
taken by the respondents to shift 432 students of GSBS to
three other Schools existing in the Kavaratti Island. The
petitioners argue that shifting of children to far away place
would offend Rule 6 of the RTE Rules, 2010. The SMC had
submitted representations proposing options. These options
are not considered and the SMCs were not consulted while
taking the decision.
13. The first option proposed by the SMCs is that
the present GSBS Classes may be allowed to continue in the
remaining part of the present building and part of the old GSS
building which are not marked for demolition in the first phase
of construction. This proposal would indicate that the children
will be exposed to security issues as they will be
accommodated in the same compound where demolition and
construction work will be taking place.
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14. The second option proposed is to shift
Classes VI to VIII to GJBS (North) for accommodating
Classes I to V and temporary shed has to be constructed near
the old KV Building for this purpose. The third option is that
Standards VI to VIII of GSBS be shifted to PMS GSSS. The
respondents have decided to shift the students of GSSS to the
three other Schools in the same Island.
15. The counter affidavit filed by the 3rd
respondent would indicate that the present decision was taken
by the Lakshadweep Administration after discussing with all
stakeholders including Chairmen of the SMC of all affected
Schools. In the circumstances, this Court has no reason to
concluded that the respondents have not considered relevant
facts before deciding to shift the students from GSBS.
16. As regards the argument of the petitioners
relying on Rule 6 of the RTE Rules, 2010, Rule 6 relates to
establishment of Schools by appropriate Governments. In the
case of Kavaratti Island of Lakshadweep, there are already
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sufficient Schools in the Island catering to the needs of the
children of Islanders though the building infrastructure is old.
The shifting of students as ordered now is only a temporary
arrangement for construction of a new building. The
construction is expected to completed in 18 months. In the
circumstances, the argument of the petitioners relying on Rule
6 is only to be rejected.
The writ petitions are therefore without any
merit. The writ petitions are hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/10.04.2025
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APPENDIX OF WP(C) 13813/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATIONS DATED
26.03.2025 GIVEN TO 2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE REPRESENTATIONS DATED
26.03.2025 GIVEN TO 3RD RESPONDENT
Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED
06.03.2025
Exhibit P4 A TRUE COPY OF THE OFFICE ORDER DATED
08.03.2025
RESPONDENT'S EXHIBITS
Exhibit R3(a) A true copy of the survey report dated
27.09.2023 approved by the
Exhibit R3(b) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/113 dated
03.02.2025
Exhibit R3(c) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/114 dated
03.02.2025
Exhibit R3(d) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/115 dated
03.02.2025
Exhibit R3(f) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/117 dated
03.02.2025
Exhibit R3(g) A true copy of the letter
F.No.2/34/2008-Gsssk/104 dated
06.02.2023 issued by the 4th
respondent
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Exhibit R3(h) A true copy of the minutes of the
meeting held on 26.03.2025
Exhibit R3(e) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/116dated
03.02.2025
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APPENDIX OF WP(C) 14128/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER IN
F.NO.50/01/2017-EDU(STAT)PART DATED
NIL
Exhibit P2 TRUE COPY OF THE LETTER IN
F.NO.16/01/2025.GSSSK/192 DATED
06.03.2025 ISSUED BY THE 4TH
RESPONDENT TO THE 3RD RESPONDENT
RESPONDENT'S EXHIBITS
Exhibit R3(f) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/117 dated
03.02.2025
Exhibit R3(a) A true copy of the survey report dated
27.09.2023 approved by the
Exhibit R3(b) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/113 dated
03.02.2025
Exhibit R3(c) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/114 dated
03.02.2025
Exhibit R3(d) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/115 dated
03.02.2025
Exhibit R3(e) A true copy of the letter F. No.
109/2004-05-VO.I-KSD/116dated
03.02.2025
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Exhibit R3(g) A true copy of the letter
F.No.2/34/2008-Gsssk/104 dated
06.02.2023 issued by the 4th
respondent
Exhibit R3(h) A true copy of the minutes of the
meeting held on 26.03.2025
