Right to Education Act, 2009 – Sections 18, 19 – Kerala Right of Children to Free and Compulsory Education Rules, 2011 – Rule 6 – Recognition of School – Rejection of Application for Classes I to IV – Insufficient Playground – Proximity of 15 Government-Aided Schools within 5 km – Validity of Rejection Order.
2025 KER 42388
High Court of Kerala
Hon’ble Mr. Justice D.K. Singh
WP(C) No. 5401 of 2025; 16.06.2025
Held: The petitioner, an English medium school operational since 2013 and recognized for classes V to VII, challenged the rejection of its application for recognition of classes I to IV. The rejection was based on two grounds: (1) insufficient playground, and (2) presence of 15 government-aided schools within a 5 km radius. The Court upheld the rejection, finding that the petitioner failed to plead sufficient details regarding the playground’s dimensions to meet the norms under the Schedule to the Right to Education Act, 2009, which mandates a playground adequate for sports facilities. The Court further held that the proximity of 15 government-aided schools within 5 km was a valid ground for rejection, as it aligns with the policy under Rule 6 of the Kerala Right of Children to Free and Compulsory Education Rules, 2011, prescribing distance norms for school establishment. The petitioner’s contention that the State cannot restrict the number of schools was rejected as contrary to statutory rules and policy decisions, which are not arbitrary. The writ petition was dismissed for lacking merit.
Cases Referred: WP(C) 19170 of 2014, WA 173 of 2019 (distinguished as irrelevant).
Counsel:
| For Petitioner:
Adv. Jose Abraham |
Adv. E. Adithyan |
Adv. Philip N. Joseph |
For Respondent:
V. Venugopal |