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Whether government can overtake private school which were decided to be closed by management? (40 Second Worth Read)

Name of the case - A.A. Padmanbhanl  V. The State Of Kerala & Ors. ALT (Rev) 51 : AIR 2018 SC 2982 : JT 2018 (2) SC 436 : 2018 (4) MLJ 213 : 2018 (3) Scale 91 : (2018) 4 SCC 537 : 2018 (2) Supreme 452

Date of Judgment – 16 January, 2018

Judges: Justice Ashok Bhushan and Justice A.K. Sikri

Subject and sections involved –  Right of Children to Free and Compulsory Education Act, 2009 - Education Act, 1958 (Kerala) - S.15 -

Issue :

  1.        Whether government can overtake private school which were decided to be closed by management?

 

Ratio of the case - Taking over of schools in public interest and in interest of education - the State has to take all steps for fulfilling the objective to provide education to children upto 14 years of age seeking Primary (Upper Primary and Lower Primary) education. The State decision to run the Primary schools which were decided to be closed by their respective management was in public interest and in the interest of the education. The High Court has rightly refused to interfere with the decision of the State Government taking over the schools to run the same directly by the Government.

The Bench comprising of Justice A.K. Sikri and Justice Ashok Bhaushan observed that "The reason is that all the institutions, which have been taken over were the institutions providing primary education. Under Article 21(A) of the Constitution of India as well as under the Right of Children to Free and Compulsory Education Act, 2009, the State has to take all steps for fulfilling the objective to provide education to children up to 14 years of age seeking Primary (Upper Primary and Lower Primary) education. The State decision to run the Primary schools which were decided to be closed by their respective management was in public interest and in the interest of the education. The High Court has rightly refused to interfere with the decision of the State Government taking over the schools to run the same directly by the Government,".