Kerala High Court Orders Closure Of Unrecognized School Teaching Quran And Allied Subjects
The Court said that these educational institutions may not be entitled to run without a valid recognition with reference to the provisions of Section 18 of the Act.
The Kerala High Court ordered the closure of educational institutions operating without mandatory government recognition under Section 18 of the Right to Education (RTE) Act, 2009.
It was observed that the institution was imparting preschool education and teaching the Quran and allied subjects to nearly 300 students without the required state approval.
The Bench of Justice Harishankar V Menon observed, “In the afore circumstances, I am of the opinion that the educational institution - petitioner in W.P.(C) No.28053 of 2024 may not be entitled for running the same without a valid recognition with reference to the provisions of Section 18 of the Act...In that view of the matter, I allow W.P.(C) No.21615 of 2023 directing the competent among the respondents to take note of the findings in this judgment and take appropriate steps to shutdown the educational institution. Taking note of the stand taken by the learned counsel for the educational institution that a reasonable time may be extended for making alternate arrangements, this Court direct the respondents to permit the educational institution to run the school for the academic year 2025-26.”
Advocate S.K. Adhithyan appeared for the Petitioners, while Advocate Jayasree K.P. appeared for the Respondents.
Facts of the Case
Two connected writ petitions were concerned with an educational institution managed by the petitioners in W.P.(C) No. 28053 of 2024, who also appeared as the additional 7th respondent in the earlier case, W.P.(C) No. 21615 of 2023.
The petitioners in the 2023 case approached the Court to highlight that the management operated the school without obtaining the mandatory licenses or recognition required under the Right of Children to Free and Compulsory Education Act, 2009. They pointed out that a formal complaint led the Principal Secretary, General Education, to prepare a report, which confirmed the school’s lack of legal standing. Based on this report, the District Educational Officer issued proceedings finding that the institution functioned without recognition and required appropriate legal action.
The original petitioners sought a specific direction for the District Collector and the District Educational Officer to act upon these investigative findings. Meanwhile, the educational institution filed the second writ petition in 2024 to challenge an order issued by the District Collector. This order directed the management to close the institution immediately and issued transfer certificates to all students currently enrolled there.
Contention of the Parties
The counsel for the educational institution argued that the writ petition was no longer necessary because the District Collector had already issued orders based on the previous proceedings. He also pointed out that a stop memo had been issued by the District Educational Officer to support his claim.
To defend the school's status, the counsel relied on an accreditation from the National Institute of Open Schooling granted in November 2024. He argued that this document proved the school possessed valid recognition and should not be shut down.
Observations
The Court said, “At the same time, this Court takes note of the provisions of Section 18 of the Act, as per which it is mandatory for every school / educational institution to obtain an appropriate recognition from the Government concerned. Here there is no dispute about the fact that the educational institution - the petitioner in W.P.(C) No.28053 of 2024, is running the same without valid recognition from the concerned Government. This Court also takes note of the averments contained in the counter affidavit filed by the educational institution (the additional 7th respondent in W.P.(C) No.21615 of 2023) in paragraph 3 to the effect that the said institution is imparting preschool education for about 300 students teaching Quran and allied subjects.”
Accordingly, the Court dismissed the writ petitions.
Cause Title: Moithunnykutty & Anr. v. The District Collector & Ors. [Neutral Citation:2026:KER:9078]
Appearances:
Petitioners: Advocates S.K. Adhithyan, Manu Mohan, Shahina Noushad, Krishna S. Karunakaran and Jai Prakash Choudhary.
Respondents: Advocates Jayasree K.P., P.S.Abdul Kareem, John Joseph and Nazif K.N.