Supreme Court: State can take control of private schools

NEW DELHI, FEB 20: The Supreme Court of India has ruled that state government can taker over the management of private schools in the public interest and in the ‘interest of education’, which were decided to be closed by their respective management.

The Apex Court Bench comprising Justice A.K. Sikri and Justice Ashok Bhushan upheld the Kerala Government’s decision to take over three private aided schools under the Kerala Education Act, 1958.

The SC was hearing appeals filed by ex-managers of three private aided institutions from Kerala challenging the Kerala High Court’s judgement which upheld State government’s decision to take over the management of these schools. The appellants were contending that the Kerala government had taken over the schools when they had already closed down. They asserted that the power under the Act can be exercised only with regard to the schools in existence.

The Bench observed, “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.”

The State government on the other hand through its Counsel contented that the action of taking over of the schools was in furtherance of its obligation to provide primary education to students. It further informed the Court that the Act itself provides for payment of compensation, which had been duly determined.

The Supreme Court observed that there exist three steps for exercise of such power under the Act. These are: (a) satisfaction of the Government that in the public interest it is necessary to take control of any category of institution; (b) resolution of the Legislative Assembly approving the proposal for taking over the schools; and (c) issuance of notification in the Gazette to take over with effect from any day specified therein any category of aided schools.