GOPALAKRISHNAN Vs. SECRETARY

JUDGEMENT

(1.) Mens Sana in Corpore Sano is a famous saying in Latin - a healthy mind is in a healthy body. A healthy mind of a child is developed in a healthy atmosphere of an educational institution. It is necessary to bear in mind this piece of wisdom while tackling the question raised in the Original Petitions. The impact of hoardings and advertisement boards at the school premises is the issue of general importance, though raised in an individual case, that arises for consideration in these Original Petitions. The Original petitions are at the instance of the Parent Teacher Association and the Headmistress of a Government Girls High School respectively. The facts are simple: The second respondent in O.P. No. 35376 of 2000 is the 4th respondent in O.P. No. 4010 of 2002, hereinafter referred to as the advertising agency. It is the case of the said agency that he was permitted by the Parent Teacher Association for installing and exhibiting three hoardings at the premises of the school on payment of an amount of Rs. 8000/-. However, the said amount was returned to the agency directing the remittance before the competent local authority. The Corporation of Kollam granted Ext. P1 permission dated 12.10.2000 subject to certain conditions. It was clearly stipulated in Ext. P1 that there shall not be any obstruction, the ground rent was Rs.8000/- and that the same was for a period of one year from 1.10.2000. The agency maintains that having spent huge amounts for the installation of the hoardings, as it is the practice it is entitled to have the licence renewed atleast for two more years.

(2.) It is significant in this context to note that the educational authorities had serious objection in the matter. The District Educational Officer had even directed the Headmistress to remove the boards from the compound and hence the Headmistress prayed for police assistance. The Corporation of Kollam has taken a stand that in view of the serious objection on the part of the educational authorities, they have decided not to renew the licence.

(3.) On the introduction of Act 16/2000, the management of Government Schools was handed over to the local authorities. Thus Government Model Girls High School, Kollam is now managed by the Corporation of Kollam. The new provision under S.5B of the Kerala Education Act, 1958 reads as follows: -