STATE OF KERALA Vs. TRIBAL MISSION

JUDGEMENT

(1.) Leave granted.

(2.) We are, in this case, concerned with the question whether the State is duty bound to grant recognition to an unaided educational institution on the touchstone of Article 21A of the Constitution of India overlooking the procedure laid down under Rule 2 and Rule 2A of Chapter V of the Kerala Education Rules (for short 'KER').

(3.) Respondent established a school by name Betham English Medium School in the year 2001 at Attappady in the Palakkad District, State of Kerata in the unaided sector. An application for recognition was submitted by the respondent school in the year 2003 before the Government. The Deputy Direction of Education, however, forwarded a report/letter No. B1/8863/07 dated 19.10.2007 to the State Government pointing out existence of a three recognized schools within a distance of 5 km from the respondent school following Tamil and Malayalam mediums having Standard 1 to 7, of which one is situated within a distance of 2.5 km. Further, it was pointed out that the respondent school though was having sufficient infrastructure, granting recognition would adversely affect the other aided schools functioning in that area and the possibility of division fall in these schools could not be ruled out.