'Order Of Prior Recognition' To CBSE Schools Shall Be Issued Only Under Form No. II Of Kerala RTE Rules : Kerala High Court

The Kerala High Court has directed that any application made by a School seeking an "Order of Prior Recognition" under the terms of Rule 14 of the Kerala Right of Children to Free and Compulsory Education Rules, 2011, shall be issued by the concerned Deputy Directors of Education only in Form No.II of the Rules and in no other manner.

Such order shall be issued after following due procedure and after making such necessary inspections as are warranted under it, Justice Devan Ramachandran observed while disposing a writ petition filed by Managers of two self affiliated CBSE schools and the 'Council of Central Board of Secondary Education Schools', constituted by various self financing schools affiliated to CBSE.

They had approached the High Court contending that, even though the schools are bound to obtain an "Order of Prior Recognition" from the Government of Kerala for the purpose of renewal of their affiliation/recognition as per its affiliation by-laws in Form No.II of the Rules, the concerned Deputy Directors of Education issue such forms in the manner that they please. In some cases, they reject requests for such orders saying that since the Schools are already affiliated to the CBSE, no such is required, it was contended.

CBSE also supported the petitioners, and prayed for a direction to Deputy Directors of Education in the State of Kerala to issue the "Order of Prior Recognition" in Form No.II of the Rules, as and when the Schools approach them for such purpose, by making the application in the prescribed format. The State also submitted that there cannot be any legal impediment in such orders being issued in Form No.II, provided the Schools comply with all the necessary and imperative conditions under the Act and Rules. Recording these submissions, the Court ordered thus:

"Resultantly, this writ petition is ordered: a) Declaring that, as per the provisions of the Kerala Right of Children to Free and Compulsory Rules, 2011, .... any application made by a School seeking an "Order of Prior Recognition" under the terms of Rule 14 of the said Rules shall be issued by the concerned Deputy Directors of Education only in Form No.II of the Rules and in no other manner, after following due procedure and after making such necessary inspections as are warranted under it.."

The Court also directed the Director of General Education to issue a circular in this regard to all officers, within two weeks.

Case: THE MANAGER, LIFE VALLEY INTERNATIONAL SCHOOL vs. STATE OF KERALA [WP(C).No.22812 OF 2020(B)]
Coram: Justice Devan Ramachandran 
Counsel: Adv Dhanya P. Asokan for petitioner, Adv S.Nirmal for CBSE, Sr. GP P.M.Manoj

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