Court mandates compliance with the Right of Children to Free and Compulsory Education Act, 2009, allowing reasonable time for alternate arrangements.
The Kerala High Court, presided by Justice Harisankar V. Menon, has ruled in favor of the petitioners in W.P.(C) No.21615 of 2023, directing the closure of an educational institution run without requisite government recognition, as required under the Right of Children to Free and Compulsory Education Act, 2009. The judgment was delivered on February 2, 2026, in response to two connected writ petitions concerning the operation of the institution.
The petitioners highlighted that the institution was operating without the necessary license, violating Section 18 of the Act, which mandates government recognition for educational institutions. The respondents had previously issued a stop memo to the institution, which was unsuccessfully challenged in appeal. The institution, identified as the petitioner in W.P.(C) No.28053 of 2024, was found to be imparting religious instruction without government permission, focusing exclusively on Islamic teachings.
The Court emphasized the importance of compliance with the statutory provisions, referencing a previous judgment in the case of Trustee, Hidaya Educational & Charitable Trust v. State of Kerala. In this precedent, the Court had underscored the prohibition of religious instruction without state approval, aligning with the secular ethos of the nation.
Justice Menon allowed a grace period for the institution to facilitate alternate arrangements for its students, permitting it to operate for the academic year 2025-26 before closure. This decision is a significant reminder of the legal obligations educational institutions must adhere to, ensuring they operate within the framework of the law.
The ruling reaffirms the Court's commitment to uphold the principles of the Right to Education Act, ensuring that all educational institutions adhere to the guidelines set forth to provide free and compulsory education to children in a recognized and regulated manner.
Bottom Line:
Educational institutions must obtain valid recognition from the Government as mandated under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009. Institutions imparting religious instruction without government permission cannot be permitted to function.
Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009, Section 18.
