(2012) 236 KLR 573

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH 

WEDNESDAY, THE 18TH DAY OF JANUARY 2012/28TH POUSHA 1933 

WA.No. 1949 of 2009 ( ) 

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AGAINST THE ORDER/JUDGMENT IN WPC.25865/2007 DATED 03-06-2009

APPELLANT(S)/RESPONDENTS IN THE W.P.(C).: 

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARAIT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 

BY ADV. MR.T.T.MOHAMMED, GOVERNMENT PLEADER 

RESPONDENT(S)/PETITIONER IN THE W.P.(C).: 

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THEKKAN GURUVAYOOR ENGLISH MEDIUM SCHOOL THEVALAKKARA P.O., KOLLAM DISTRICT REPRESENTED BY ITS MANAGER N.GOPALAKRISHNA PILLAI. 

BY SRI.P.B.SAHASRANAMAN BY SRI.T.S.HARIKUMAR BY SRI.K.JAGADEESH 

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 

C.R. 

C.N.RAMACHANDRAN NAIR, & BABU MATHEW P. JOSEPH, JJ. 

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Writ Appeal No.1949 of 2009 

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Dated this the 18th day of January, 2012. 

Head Note:-

Education - Private Unaided School - Grant of recognition -  Several private schools are thriving in the State because of the high level of educational standards and quality of coaching maintained in such schools. Kerala has sizeable number of rich people who can send their children to self-financed schools on payment of fees. This is because people are willing to spend for quality education of their children. Unfortunately the schools under the control of the State Government and aided schools are not able to meet the competition from private unaided schools and that is the reason why Government is introducing unnecessary restrictions on growth of private schools. This policy of the Government indirectly affects the right of the public to impart quality education to their children. 

Education - Private Unaided School - Grant of recognition -  Government should encourage private educational institutions and all what is required to be ensured by the Government is quality education without involving financial exploitation of the student community. This will certainly help the Government to save on maintenance of Government schools and reduce burden on salary and pension to aided school teachers and staff.  

Education - Private Unaided School - Grant of recognition -  The respondent's request for recognition of the U.P. Section and High School Section at a single stroke should not be granted because the respondent will have to source students for higher classes from other schools which will affect those schools and there is no guarantee that the respondent will be able to start all the higher classes with required number of students. Therefore the school should be upgraded or rather recognised on an year to year basis so that the students in the 4th Standard of respondent's school will go to the 5th Standard in the U.P. section next year and in the course of time, the school gets upgraded by one higher class every year. 

JUDGMENT 

Ramachandran Nair, J. 

Writ Appeal is filed by the State challenging judgment of the learned Single Judge directing appellants to consider grant of recognition to respondent's school which is a private unaided school with at present only L.P. Section (standards 1 to 4). We have heard Government Pleader appearing for the appellants and counsel for the respondent. 

2. The respondent challenged Ext.P3 order before the learned Single Judge on the ground that refusal of the Government to recognise their school is arbitrary. The respondent's is an English Medium School run with Kerala syllabus and has 480 students in the four classes, 1 to 4. The respondent's school was previously a fulfledged school having classes upto standard X. However, progressively Government introduced restrictions against unrecognised schools conducting examinations for the students beyond 6th standard. This led to respondent closing the U.P. and High School sections. However, respondent again approached the Government for recognition of the school for the reason that Division Bench in the decision in STATE OF KERALA Vs. NIRMALA PUBLIC SCHOOL reported in 2008(3) KLT 47 held that Government cannot confine grant of NOC to five Districts and decline the same to private schools in other Districts. The unique feature of this case is that all the educational agencies recommended to the Government for grant of recognition to the respondent's school. In view of the Division Bench judgment and the recommendation by the educational authorities, the learned Single Judge directed the Government to consider grant of recognition for U.P. Section and High School Section of the respondent's school against which this Writ Appeal is filed. Several private schools are thriving in the State because of the high level of educational standards and quality of coaching maintained in such schools. Kerala has sizeable number of rich people who can send their children to self-financed schools on payment of fees. This is because people are willing to spend for quality education of their children. Unfortunately the schools under the control of the State Government and aided schools are not able to meet the competition from private unaided schools and that is the reason why Government is introducing unnecessary restrictions on growth of private schools. In our view, this policy of the Government indirectly affects the right of the public to impart quality education to their children. Sitting in this jurisdiction we have found several cases of division fall, school closures and loss of employment to large number of teachers in the aided schools and Government schools. It is worthwhile to note that an average of 100 students are there in each standard in respondent's school which itself is intrinsic evidence of the quality of education and the credibility of the school. We see no reason why Government should decline recognition to respondent's school which will relieve the Government the burden of so many of the students whose education are financed by their own parents who have the capacity and willingness to spend for the education of their children. In our view, Government should encourage private educational institutions and all what is required to be ensured by the Government is quality education without involving financial exploitation of the student community. This will certainly help the Government to save on maintenance of Government schools and reduce burden on salary and pension to aided school teachers and staff. 

3. The respondent's request for recognition of the U.P. Section and High School Section at a single stroke, in our view, should not be granted because the respondent will have to source students for higher classes from other schools which will affect those schools and there is no guarantee that the respondent will be able to start all the higher classes with required number of students. We, therefore, feel the school should be upgraded or rather recognised on an year to year basis so that the students in the 4th Standard of respondent's school will go to the 5th Standard in the U.P. section next year and in the course of time, the school gets upgraded by one higher class every year. We, therefore, dispose of the appeal by directing the Government to consider and grant recognition progressively as stated above. The Government should pass orders before 31st March, 2012 so that the respondent could get ready for commencement of the 5th Standard next year. 

Sd/- C.N.RAMACHANDRAN NAIR Judge Sd/- BABU MATHEW P. JOSEPH Judge True copy P.S. to Judge pms