LexSTATE OF KERALA AND OTHERS versus THE TRIBAL MISSION
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A B [2012] 7 S.C.R. 502 STATE OF KERALA AND OTHERS v. THE TRIBAL MISSION (Civil Appeal No. 6267 of 2012) SEPTEMBER 4, 2012 [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] KERALA EDUCATION RULES 1959: c rr. 2 and 2A read with Government's Policy dated 13. 6. 2007 - Granting of recognition to schools in unaided sector - Held:· Indiscriminate grant of recognition to schools in the unaided sector may have an adverse affect on the State owned schools as well as the existing schools in the aided 0 sector, by way of division fall, retrenchment of teachers etc. - Therefore, the procedure laid down in rr. 2, 2A cpnnot be overlooked, otherwise it is bound to provide scope for discrimination, arbitrariness, favouritism - Besides, - Para 1 of the Policy indicates that unaided schools need not be given E recognition in future - However, the recognition granted by State Government to the respondent school for conducting classes 1 to 10 from the academic year 2010-11 onwards, in tlie peculiar circumstances of the case, is not interfered with, but it shall not be treated as a precedent - Education! Educational institutions. F The respondent-Tribal Mission established an English Medium school in the year 2001 in the State of Kerala in the unaided sector, and applied for recognition to the school in the year 2003. The Deputy Director of G Education forwarded a report dated 19.10.2007 to the State Government pointing out existence of three recognized schools within a distance of 2.5-5 kms from the respondent school. It was further pointed out that granting recognition would adversely affect the other H 502 STATE OF KERALA AND ORS. v. TRIBAL MISSION 503 aided schools functioning in the area and there was also A the possibility of division fall in the said schools. The application of the respondent was rejected. The Single Judge of the High Court upheld the order, but the Division Bench directed the State Government to grant recognition to the respondent school as a self-Finance B English medium school to run classes from 1 to 10 from the academic year 2010-2011. Aggrieved, the State Government filed the appeal. Disposing of the appeal, the Court c HELD: 1.1 The Government's Policy issued by GO (P) No.107/07/G Edn. dated 13.6.2007 with regard to up- gradation of existing schools and recognition of unaided schools applies to the respondent school as well. Para 3 of the said policy will not give any Carte Blanche to start D a school in the unaided sector and then seek recognition as a matter of right, because Para 1 thereof indicates that, as a policy, unaided schools need not be given recognition in future. In the instant case, it is after starting the school that the respondent school is pressing for E recognition which is not a correct procedure. Assuming that the respondent school has satisfied all the requirements stipulated in Para 3, still it has to undergo the procedure laid down under r. 2 and r. 2A of Chapter V of KER, otherwise, as held by this Court in K. Prasad's F case*, it is bound to provide scope for discrimination, arbitrariness, favouritism and also would affect the functioning of other recognized schools in the locality. The view of the Division Bench of the High Court that once the respondent satisfies Para 3 of the Policy, the G State Government has to grant recognition would go contrary to the view expressed by this Court in K. Prasad' Case and violates rr.2 and 2A of Chapter V of KER. [Para 8-10] H 504 SUPREME COURT REPORTS [2012] 7 S.C.R. A State of Kera/a & Others v. K. Prasad & Another 2007 (8) SCR 115 = (2007) 7 sec 140 - relied on 1.2 The question, as to whether, the grant of recognition would affect the existing schools is also a 8 relevant consideration. The State spends large amounts by way of aid, grant etc. for running schools in the aided sector as well as the State owned schools. Indiscriminate grant of recognition to schools in the unaided sector may have an adverse affect on the State owned schools as well as the existing schools in the aided sector, by way C of division fall, retrenchment of teachers etc. Therefore, the procedure laid down in rr. 2, 2A of Chapter V of KER cannot be overlooked. [Para 10] [512-8-C] 1.3 The State Government, in the instant case, has D already granted recognition to the respondent school for conducting the classes from 1 to 1 O in the academic year 2010-11 onwards, of course, sub
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