MADHAVAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) A question of jurisdiction and the application of the principles of natural justice mainly arise for determination in all these appeals where the appellants challenge the decisions of a learned single Judge upholding a Government Order unilaterally cancelling an earlier permission granted to them to open/upgrade unaided recognised Schools in certain specified areas.

(2.) The Kerala Education Act allows private Schools to be recognised by the Government. These "recognised schools" as defined under the Act, do not receive any financial aid from the Government, but can impart instructions only according to the prescribed curriculum of studies and can have recognised standards of divisions of classes also only in accordance with the provisions of the Act. They are different from "aided schools" where the teachers and staff appointed by the private management are paid by the State and the managements receive substantial aid towards maintenance grant. We are concerned in these appeals only with recognised schools and not with aided schools or Government or Departmental schools.

(3.) Schools require to be recognised as otherwise the students studying in these schools will not be permitted to sit for the examinations conducted by the State and they will not be eligible to avail of the opportunities for higher education or to enter public service. Recognition of school by the State is thus an important facet in the establishment of educational institutions.