STATE OF KERALA Vs. MAHATMA PUBLIC SCHOOL

JUDGEMENT

(1.) This batch of appeals are against the judgment of a learned Single Judge in numerous Writ Petitions filed by the managements. The managements of schools, established and those aspiring to establish one, sought recognition of the Government as mandated under the Right of Children to Free and Compulsory Education Act, 2009 ["RTE Act" for brevity]. A sizeable number are minority institutions. The appeals by the State are with respect to the findings of the learned Single Judge that the "assessment of educational need is only for the purpose of compelling Government or local authority to establish schools and not as a pre-condition for establishing such schools"'(sic) (para 10). There were also contentions raised with respect to the guidelines framed by the State, which stood modified by the learned Single Judge in the Review Petitions filed. The State is not challenging those findings, since a Division Bench, while admitting the appeals, directed the State Government to consider the recognition based on the norms appealable to the respective Boards, like CBSE, ICSE, etc. The Government has conceded to that position and has also issued Circulars in accordance with that.

(2.) The appeals by the minority institutions assail the findings of the learned Single Judge, which puts such institutions at par with others, on the aspect of compliance of the various conditions stipulated in the notification and the RTE Act. They assert, they are totally absolved from the provisions of that Act by virtue of the protection under Article 30(1) of the Constitution of India.

(3.) The learned Advocate General C.P. Sudhakara Prasad, argued based on the documents produced in W.A. Nos. 173 of 2019 and 363 of 2019. It is pointed out that a total of 796 applications for recognition were received from managements who wish to affiliate their schools with CBSE. The District Educational Officer ["DEO" for brevity] considered the same and rejected 534 applications, while recommending 262. The Director of Public Instruction ["DPI" for short] found that out of the recommended schools, 134 schools had prior recognition. 52 were defective applications, which were directed to be rectified. 56 applications were recommended by the DPI. As far as the recognition for schools seeking affiliation to the State Board, 371 were received, which are under process. It is submitted by the learned Advocate General that all these applications would be considered based on the respective norms for affiliation. There would be no consideration of educational need as provided in the Rules with respect to these applications.