MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) These intra-court appeals under Sec. 5 of the Kerala High Court Act, 1958 have been filed by the petitioners in W.P.(C) No.17413, 17406, 18604 and 27124 of 2022, aggrieved by the dismissal of the petitions by common judgment dtd. 13/07/2022. The writ petitions have been filed by Managers and teachers of a few aided schools challenging Ext.P1 notification dtd. 18/04/2022, by which the Government of Kerala (GoK) has amended the Kerala Education Rules, 1959 (the KER), by inserting few new Rules. The parties and the documents will be referred to as described in W.P.(C) No.17413 of 2022 from which Writ Appeal No. 1585 of 2022 has been filed.

(2.) According to the petitioners, Ext.P1 notification is arbitrary, grossly illegal, inconsistent as well as offending the salient features of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the Rules made thereunder and also the various provisions of the Kerala Education Act, 1958 (KEA) and the Rules framed thereunder. The petitioners, therefore, sought a declaration that Ext.P1 is ultra vires, illegal and unconstitutional. The learned Single Judge by the impugned judgment dismissed the petitions. Aggrieved the petitioners have come up in appeal.

(3.) Heard both sides.