STATE OF KERALA & ANR. versus MYTHRI VIDYA BHAVAN ENGLISH M. SCH. & ORS.

Citation: [2018] 5 S.C.R. 686 · Decided: 02-05-2018 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Dismissed

Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 5 S.C.R.
STATE OF KERALA & ANR.
v.
MYTHRI VIDYA BHAVAN ENGLISH M. SCH. & ORS.
(Special Leave Petition (C) Nos. 18475-18476 of 2013)
MAY 02, 2018
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.]
Education/Educational Institutions:
Kerala Education Rules, 1959: Affiliation of the schools with
the CBSE – No Objection Certificate (NOC) from the State
Government for CBSE affiliation – Guidelines postulated by the
GO dt 10.06.2011 – Guidelines (iv) and (xiv) requiring minimum 3
acres of land and minimum 300 enrolled students – Challenge to –
Held: In metropolitan and capital cities as well as in hilly areas, it
would be difficult to get 3 acres of land or even 2 acres of land –
Thus, the guideline (iv) requiring a minimum of 3 acres of land for
obtaining an NOC for getting affiliation in accordance with the
Affiliation Bye-laws of the CBSE is arbitrary – Requirement of a
minimum strength of 300 students has no rational nexus with quality
education or the CBSE Affiliation Bye-laws – In the absence of any
material on record justifying the fixation of a minimum of 300
students in a school seeking an NOC for affiliation to the CBSE,
the said requirement is also arbitrary.
Dismissing the petitions, the Court
HELD: 1.1 In Chapter IV of the Kerala Education Rules,
1959, it is provided that Upper Primary Schools with or without
Lower Primary Section (that is up to and including Standard V
and VI), the land requirement (as informed) is 1.2 to 2 hectares
(3 to 5 acres); for Secondary Schools the land requirement is 1.2
to 2 hectares (3 to 5 acres) and for Higher Secondary Schools the
land requirement is 1.2 hectares (3 acres). Hence, the minimum
requirement is of 3 acres of land. However, the KER provides
that every school should normally have a minimum site area.
[Para 15] [693-H; 694-A-B]
1.2  Under the CBSE Affiliation Bye-laws, the minimum
land requirement varies from location to location. The
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requirement generally for an educational institution to apply to
the CBSE for affiliation is that the school must have 2 acres of
land but there are certain exceptions. In cities with a population
exceeding 25 lakhs the land should not be less than 1 acre with
adequate building and arrangement with other institution for
imparting physical and health education and for conducting games
to the satisfaction of the CBSE. In hilly areas, the land should not
be less than 1 acre and the norms as prescribed by the Planning
Commission would be applicable for determining hilly areas.
[Para 16] [694-B-D]
1.3  Similarly, in schools located within the Municipal limit
of the capital cities, islands, North Eastern States and Jammu &
Kashmir the minimum land requirement shall be 1 acre. The
CBSE has introduced a degree of flexibility depending upon the
location of the school. Unfortunately, Kerala has not even thought
of providing any such flexibility. The rigid requirement of Kerala
indicates that it is imposed upon the schools that seek affiliation
with the CBSE only with a view to unnecessarily burden them
with an onerous and arbitrary condition, since Kerala believes it
has the authority to do so. [Para 17] [694-D-E]
1.4  The State of Kerela was asked to inform the number of
schools run by the State Government or aided by the State
Government or affiliated with the State Board that do not comply
with the guidelines of 7.10.2011. In response, Kerala filed an
evasive affidavit to the effect that since the guidelines do not
apply to such schools, there is no compulsion on such schools to
comply with them. Guidelines are framed by Kerala for application
by schools other than those run by the State Government or aided
by the State Government or affiliated with the State Board. There
is no reason given for this distinction drawn by Kerala which
appears to be completely arbitrary. [Para 18] [694-F-H]
1.5 There was no rational basis for the requirement of a
minimum of 3 acres of land for the grant of an NOC. Even in the
counter affidavit filed before the Single Judge it is stated by Kerala
that restrictions have been placed on CBSE schools to prevent
their mushrooming growth which would affect the public education
system in the State. No details have been given for arriving at
this conclusion. But the very fact that there is a mushroom growth
STATE OF KERALA & ANR. v. MYTHRI VIDYA BHAVAN
ENGLISH M. SCH. & ORS.
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SUPREME COURT REPORTS
[2018] 5 S.C.R.
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