HC Strikes Down Order to Reopen 'School'

KOCHI: The Kerala High Court on Friday quashed the government order granting permission to re-open Jawahar English Medium school where a UKG student was locked up in a kennel.

The court also made it clear that the order issued by the Director of Public Instructions to close down the school will be operative. It further upheld another order directing to make necessary arrangements for admitting the student to the nearby recognised school.

Justice Dama Seshadri Naidu passed the order while considering a petition filed by A C Simi, mother of the six-year-old student, who was allegedly locked up in a kennal on the school premises. The petitioner approached the Kerala High Court seeking to quash the government order granting permission to re-open the school.

P Anoop counsel for the petitioner submitted that the school is functioning without the permission and recognition from the Education Department.

Following the incident, the Director of Public Instructions (DPI) had directed the closure of the school. It had also directed the principal of the school to make necessary arrangements for admitting the students of the school to nearby recognised schools. However, the General Education Department had stayed the order of DPI and granted permission to the manager to re-open the school.

The court observed that the violation of child rights is a larger issue with constitutional implications. The order issued by the Secretary, General Education, granting permission to re-open the school is an outcome of extra statutory exercise on the part of the state, it said.

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