Changing Name Of School Would Create Confusion For Students & Parents: Kerala High Court Quashes KESCPCR Order

Justice P.V.Kunhikrishnan observed that the school was not heard before decisions were taken regarding changing its name. It stated that the school need not change its name based on the orders issued by the Kerala State Commission For Protection Of Child Rights since it would create confusion.

“Moreover, when a school is known in a particular fashion, the change of the name of the school will definitely create confusion in the minds of the students and parents. I am of the considered opinion that based on the orders passed by the 5th respondent, the petitioner need not change the name of the school”, stated the Court.

The petitioner, manager of the school, submitted that the school had not admitted boys from standard V onwards and boys were admitted along with girls only in lower primary classes. It was argued that from standard 5^th to 12^th, it was a convent school admitting only girls and not a single boy child passed out from the school in 10^th or 12^th standard.

Their specific case was that changing the school's name by removing the term 'Girls' would create confusion in the minds of students and teachers since they only admitted girls from 5^th to 12^th standards.

It was also argued that orders were issued regarding changing the school's name without hearing the school. Further, it was argued that the Kerala State Commission For Protection Of Child Rights was an authority constituted under Section 17 of the Commission for Protection of Child Rights Act and has no powers to pass such orders.

The respondents submitted that when students pass out from the school bearing 10^th or 12^th standard certificates, it would show the name of the school as Girls School which could create confusion.

It was submitted that the above orders were issued based on a direction issued by the Kerala State Commission For Protection Of Child Rights and based on a circular issued by the Director of Public Instructions.

The Court stated that the Kerala State Commission For Protection Of Child Rights passed the direction for changing the school's name without hearing them. It said, “Admittedly, the 5th respondent (Kerala State Commission For Protection Of Child Rights) has not heard the petitioner before passing such an order. For that simple reason, I am of the considered opinion that the orders passed by the 5th respondent is not binding.”

Referring to Rule 6 of Chapter II of the Kerala Education Rules, the Court stated that the existence of Girls school has been statutorily defined under the Rules as a school where admission to some or all of the standards was restricted to girls.

The Court thus disposed of the writ petition by quashing orders which directed the petitioner to change the school's name from 'Little Flower Girls Higher Secondary School' to 'Little Flower Higher Secondary School'.

Counsel for Petitioner: Senior Advocate M Ramesh Chander, Advocates Balu Tom, K.A.Sanjeetha

Counsel for Respondents: Government Pleaders A Dinesh Rao, Riyal Devassy

Citation: 2024 LiveLaw (Ker) 213

Case title: Sister Annamma Mathai v State of Kerala

Case number: WP(C) NO. 3266 OF 2017

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