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On Friday, the Supreme Court upheld the Kerala Government’s decision to take over three private aided schools under the Kerala Education Act, 1958. The court held that the State decision to run the Primary Schools. These Primary Schools were shut down by their respective management, in the interest of public and education. The High court refused to interfere with the decision of the State Government taking over the schools to run the same directly by the government.
According to the bench consisting Justice A.K Sikri and Justice Ashok Bhushan, the reason behind taking over these private aided schools was that they were providing primary education. Under Article 21(A) of the Constitution and Right of Children to Free and Compulsory Education Act, 2009, the “state has to take all the necessary steps for fulfilling the objective to provide education to children upto 14 years of age seeking Primary education”.
Three appeals were heard by the court today which was filed by the ex-managers of three private aided institutions challenging the Judgement of Kerala High Court which had upheld State’s notification regarding the taking over of schools. The appellants have contended that the state exercised the power of taking over, when the schools were already closed down. They had further contended that the State could have taken over the schools only after resorting to “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” and paying compensations to its managers.
The state defended that action of taking over of schools was in furtherance of its obligation to provide primary education to students. It has further informed the court that act itself provides for payment of compensation, which had been duly determined early. Out of three schools, one of the schools has accepted the compensation amount, as according to the sources.
Looking for into the hearing, the court has observed and highlighted three steps for exercise of such powers under the act. Firstly, satisfaction of the government that in the interest of public it is necessary to take control of institution. Secondly, the resolution of Legislative Assembly approving the proposal for taking over the schools is justified. Thirdly, issuance of notification in the Gazette to take over with effect from any day specified therein any category of aided schools.
According to the sources, schools were in existence at the time of the issue of the notifications and all the criteria of taking over the schools were fulfilled. The court also dismissed assertions of there being a conflict between the provisions of Kerela Education Act, 1958 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The court concluded that both act operate in different fields and Section 15 of the act, 1958 in no manner is overridden or repugnant to Act, 2013. There was no invalidity in the exercise of the power of the State Government under Section 15 to take over the schools. The owners being entitled to compensation at the market rate on the date of notification, the procedure for taking over the property is in full of requirement of Article 300A of the Constitution.
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