PADMANABHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) As all these cases involve a common issue, they are taken up together for consideration and disposed by this common judgment. The challenge in these writ petitions is against a resolution dated 18.07.2016 passed by the Kerala Legislative Assembly, and the consequent Notification dated 27.07.2016 issued by the State Government, directing the vesting of certain private aided schools, absolutely, in the State Government.

(2.) The brief facts necessary for a disposal of these writ petitions are as follows:

(3.) It would appear that the procedure for closing down the schools met with resistance from some quarters, such as the Parent Teacher Associations functioning in the said schools, as also the public in the locality, who were interested in the continued functioning of the schools in the respective areas. This led the petitioners herein to approach this Court through Contempt of Court cases, seeking a direction to the educational authorities to implement the directions of this Court. The said proceedings eventually led to the educational authorities complying with the procedural formalities that were required to effect a closure of the schools. On their reporting the fact of closure of the schools before this court, the Contempt of Court cases were closed recording the fact of closure of the schools in compliance with the directions of this court. It is significant to note, however, that at the time of closing the contempt of court cases, the State Government had filed an affidavit before this court stating that the Government had decided to acquire the schools in question by invoking the power under Sec. 15 of the KE Act. It is also seen, from the file notings that have been produced before this court, that the Chief Minister and the Minister for Education took a decision on 07.06.2016, to take steps to acquire the schools in terms of Sec. 15 of the KE Act and, thereafter, the said decision was approved by the Council of Ministers of the State Government on 29.06.2016. Based on the latter decision, a resolution was unanimously passed by the Kerala Legislative Assembly on 18.07.2016, and following this, a Notification dated 27.07.2016 was issued, directing the vesting of the schools in the Government with effect from 27.07.2016. This Notification was modified by a later Notification dated 03.08.2016 clarifying that the schools shall vest absolutely with the Government from the date of finalization of compensation.