'Violation Of Apex Court Directions Banning Bandh To Be Viewed Seriously': Kerala High Court On Educational Strike

The Kerala High Court recently observed that all concerned authorities should implement the Court directions barring bandhs or strikes in the State and that a violation of the same would be viewed seriously.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly disposed of the plea against alleged educational strike, stating:

"...on the facts and circumstances of this case, we only observe that all the authorities concerned should implement the decision of the Apex Court and this court, dealing with strike/ bandh, as stated supra, without giving room for any future complaint or representation in this regard, violation of which would be viewed seriously. Appropriate instructions should be issued by the concerned authorities." 

The Court was adjudicating upon a plea that sought to ban educational strikes, following an incident where activities of the Kerala Students Union and other student organizations had allegedly affected the functioning of Government P.V.H.S. School, Kollam District. The plea had also sought effective police protection for smooth running of the school. 

The primary prayer in the plea was a declaration that "educational bandhs" called by students organisations or political parties are illegal, unconstitutional and a violation of the dictum laid down by the Court in Bharat Kumari K. Palicha & Anr v. State of Kerala & Ors which was confirmed by the Apex Court in Communist party India v. Bharath Kumari reported in 1997 (2) KT 1007 (SC).

The said decisions had banned 'bandh' finding it illegal and unconstitutional, and according to the petitioner, there was no scope for calling an educational bandh once bandh is banned. 

The plea had claimed that due to a bandh called by Kerala Students Union and other students' organisations in 2018, the Government P.V.H.S. school had to remain closed for a few days. 

Although a complaint in this regard was lodged with the police, no action had been elicited so far.

Opposing the plea, the State informed the Court that on receipt of the complaint, the police had arranged a meeting with all the concerned stakeholders and the issues raised in the complaint were settled amicably. 

It was added that thereafter, there had been no such incident.

Considering this submission of the State, the Court took the view that there was no need to retain the petition. 

Besides seeking a declaration that 'educational bandhs or strikes' are illegal, the plea had also contended that such modes of protest violated the provisions of the 'Right of Children to Free and Compulsory Education-2009'. This issue was left open by the Court while disposing of the petition. 

Advocates S. Sreekumar and V. Beena appeared for the petitioners while the respondents were represented by Government Pleader K.P Harish. 

Case Title: Rajkishor C & Anr. v. State of Kerala & Ors

Click Here To Read The Order