SUO MOTU PROCEEDINGS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is a suo motu proceedings initiated by this Court on the basis of a joint petition received from Master Abhijit, E.P. and other students studying at Government Tribal School, Echippara. They are students who have been studying in the said school from 5th standard onwards and their grievance is the lack of U.P. classes in the school. The school apparently accommodates the pupils of plantation workers and that of tribal population of Echippara Village.

(2.) Even before initiating suo motu proceedings, this Court called for a report from the Government with reference to the complaints raised. Since no such report was made available other than a communication from the Scheduled Castes/Scheduled Tribes Development Department, stating that the matter had been transferred to the General Education Department, this proceedings have been initiated. In the mean time, further representations were also received and this Court felt that it is necessary to consider the matter in a suo motu proceedings.

(3.) Counter-affidavit is filed on behalf of the 2nd respondent on 11-10-2013 inter alia stating that the State Government had given necessary directions to the Director of Public Instructions to examine the request for the upgradation of the Government Tribal School at Echippara in accordance with the Right of Children to Free and Compulsory Education Act and the Rules framed thereunder. They referred to Ext. R-2(b) report, which apparently recommends upgrading the school for higher study for tribal pupils. It is inter alia stated that it will benefit about 300 families and there are no other schools within 14 kilometers.