DYNAMIC ENGLISH MEDIUM SCHOOL Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions concern the right of the petitioners to establish both elementary schools and high schools. There are two sets of petitioners. It can be categorised as follows: (i) The petitioners who have applied for recognition and No Objection Certificate from the State Government for establishing high schools by affiliating such schools to CBSE/ICSE; and (ii) the schools which want to have a recognition upto elementary schools with the syllabus of their choice such as CBSE/ICSE or State syllabus. Some of the petitioners have established schools much before the Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009) came into existence. Some of them have established schools after the Act came into force. Admittedly none of the petitioners have recognition from the State Government in terms of Act 35 of 2009. Some of the schools want to have affiliation with CBSE/ICSE at high school and higher secondary level. They have approached the State Government. The State Government refused No Objection Certificate. Some of them have applied for recognition for elementary school. The State Government refused the recognition as well.

(2.) The common issue in these writ petitions is whether the State Government is bound to grant recognition to such schools which have established prior to Act 35 of 2009 and after the Act came into force. The petitioners also submit that the State Government is bound to grant No Objection Certificate to such schools for obtaining affiliation with CBSE/ICSE, etc.

(3.) The Right of Children to Free and Compulsory Education Act, 2009 is an enactment to provide free and compulsory education to all children upto the age of 14 years. This enactment is a fulfillment of long cherished constitutional obligations under Art. 21A of the Constitution inserted by the 86th amendment. Sec. 18 of the Act mandates that "no school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed." It is further provided in the proviso to Sec. 18(2) that "no such recognition shall be granted to a school unless it fulfills norms and standards specified under Sec. 19." Proviso to Sec. 18(3) refers that even such recognition granted will stand withdrawn on the contravention of the conditions of recognition. Sec. 19 lays down the norms and standards which are as follows: