no school, unless it is saved by the provision, can be established, and if already established, can function, without obtaining a certificate of recognition
Simi.A.C. vs The Secretary
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 31ST DAY OF OCTOBER 2014/9TH KARTHIKA, 1936
WP(C).No. 27162 of 2014 (U)
----------------------------
PETITIONER:
SIMI.A.C., AGED 26 YEARS, D/O.LATHA,
ANANYA BHAVAN, T C 20/265, CRA 216,
PATHIRAPPILLY, MUKKOLA P.O.,
THIRUVANANTHAPURAM
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS:
1. THE SECRETARY,GENERAL EDUCATION
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT COLLECTOR, COLLECTORATE,
CIVIL STATION, THIRUVANANTHAPURAM-695 001.
3. THE DIRECTOR OF PUBLIC INSTRUCTION,
JAGATHY, THIRUVANANTHAPURAM.
4. DEPUTY DIRECTOR OF EDUCATION,
THIRUVANANTHAPURAM-695 001.
5. DISTRICT EDUCATIONAL OFFICER,
THIRUVANANTHAPURAM-695 001
6. ASSISTANT EDUCATIONAL OFFICER
THIRUVANANTHAPURAM(NORTH)-695 004.
7. THE PRINCIPAL, JAWAHAR ENGLISH MEDIUM SCHOOL,
PATHIRAPPALLY,KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM-695 043.
8. THE MANAGER, JAWAHAR ENGLISH MEDIUM SCHOOL,
PATHIRAPPALLY, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM-695 043.
ADDL. RESPONDENTS 9 AND 10 ARE IMPLEADED
9. SHIHI A.G.NAIR, TEACHER, JAWAHAR ENGLISH MEDIUM
SCHOOL, KUDAPPANAKKUNNU VILLAGE, PATHIRAPPALLY,
MUKKOLA P.O., TRIVANDRUM-5 RESIDING AT KUZHIVILA
PUTHEN VEEDU, NETTAYAM, MANIKANTESWARAM P.O.,
THIRUVANANTHAPURAM-13.
Impleaded as per order dated 23.10.2014 in IA 14366/2014
10. THULASI.S., AKASH BHAVAN, TGRA-58
PATHIRAPPALLY, KUDAPPANAKKUNNU,
PRESIDENT, PTA, JAWAHAR ENGLISH
MEDIUM SCHOOL, PATHIRAPPALLY.
Impleaded as per order dated 30.10.2014 in IA 14558/2014
R1 TO R6 BY SPL.GOVT. PLEADER SRI.T.T.MUHAMOOD
R7&R8 BY ADVS. SRI.M.P.ASHOK KUMAR
SMT.BINDU SREEDHAR
SMT.R.S.MANJULA
ADDL.R9 BY ADV. SRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SRI.T.S.PRASANNAKUMAR
ADDL.R10 BY ADV. SRI.S.MANU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SECTIONS 18 AND 19 OF THE RIGHT TO EDUCATION ACT:
48. Our statutory survey may have to focus on the twin provisions: Sections 18 and 19 of the Act. Before proceeding further, it is to be observed that Section 17 of the Act prohibits physical punishment and mental harassment to a child. In the present factual context, we may not be unduly concerned with that aspect, for in that regard a crime has already been registered and the penal law has already been set in motion. As such, the principal provisions for our discussion are sections 18 & 19, which are as follows:
18. No school to be established without obtaining certificate of recognition.--(1) 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.
(2) The authority prescribed under sub- section (1) shall issue the certificate of recognition in such form, within such period, in such manner, and subject to such conditions, as may be prescribed:
Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under Section 19.
(3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition:
Provided that such order shall contain a direction as to which of the neighbourhood school, the children studying in the derecognised school, shall be admitted:
Provided further that no recognition shall be so withdrawn without giving an opportunity of being heard to such school, in such manner, as may be prescribed.
(4) With effect from the date of withdrawal of the recognition under sub-section (3), no such school shall continue to function.
(5) Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of then thousand rupees for each day during which such contravention continues.
19. Norms and standards for school.-- (1) No school shall be established, or recognised, under Section 18, unless it fulfils the norms and standards specified in the Schedule.
(2) Where a school established before the commencement of this Act does not fulfil the norms and standards specified in the Schedule, it shall take steps to fulfil such norms and standards at its own expenses, within a period of three years from the date of such commencement.
(3) Where a school fails to fulfil the norms and standards within the period specified under sub-section (2), the authority prescribed under sub-section (1) of Section 18 shall withdraw recognition granted to such school in the manner specified under sub-section (3) thereof.
(4) With effect from the date of withdrawal of recognition under sub-section (3), no school shall continue to function.
(5) Any person who continues to run a school after the recognition is withdrawn, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.
(emphasis added)
49. It is evident in terms of Section 18 of the Act that no school, unless it is saved by the provision, can be established, and if already established, can function, without obtaining a certificate of recognition. In either eventuality the recognition is a precondition. Fulfilling the norms and standards prescribed under Section 19 is a precondition for obtaining the recognition. It is pertinent to observe that once recognition is granted, it shall not be withdrawn, even on contravention of the conditions of recognition by the school in question, without by an order in writing and without giving an opportunity of being heard to the said school. Once the withdrawal of recognition takes place, it is imperative that the school cannot continue to function. Sub-section (4) of Section 18 employs the expression 'continue to function'. As has already been observed, recognition is a precondition for the school's commencement; ipso facto, the continuation, too, presupposes the recognition. Sub-section (5) is a penal provision.