The Hindu : Kerala News : Norms for Anglo-Indian schools upheld

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Wednesday, Mar 16, 2005

Kerala

Kerala

Norms for Anglo-Indian schools upheld

By Our Staff Reporter

KOCHI, MARCH 15. A Division Bench of Kerala High Court today upheld various rules chalked out by the State Government in 1974 for regulating the administration of Anglo-Indian schools in the State.

The Bench, comprising Justice K.S. Radhakrishnan and Justice M.N. Krishnan, upheld the rules while disposing of appeals filed by the Government.

The Bench observed that the rules did not have the effect of interfering with the right of minority institutions to govern as contemplated under Article 30(1) of the Constitution. The rules had given powers to the State Government since aided schools were governed by Kerala Educational Rules. It was only to ensure that the management followed statutory rules and regulations that the Government had been given overriding powers.

A single judge had struck down certain rules on the ground of violation of Article 30(1). When the appeal was filed, the Division Bench had also set aside another set of rules, including the one relating to seeking Government approval for appointment of managers and senior teachers in the post of headmasters in the absence of qualified hands.

The appeal was remitted to the High Court by the Supreme Court to conduct fresh hearing in the light of the apex court ruling in TMA Pai Foundation case.

The court, while citing judgment in the TMA Pai Foundation cases, observed that the right to administer minority education institutions was not absolute and may be subject to reasonable regulations.

The general law, applicable to all, was held applicable to the minority institutions as well. The rights contemplated under Article 30(1), had not been declared to be above other laws.

Report sought

The Bench also directed the Government to file a report regarding the steps taken to solve the problems faced by the Ernakulam Law College. The court ordered that it be filed before March 29.

The directive was issued when a writ petition filed by Hashim Babu K.A., one of the final year students, highlighting the plight of the men and women's hostel came up.

According to him, the Government had not taken any steps to renovate the main building of the college. Though women's hostels were constructed in the college compound two years ago, they were yet to be opened. Besides, the men's hostel has been remaining closed since 1999. No steps have been taken to repair the hostel. In fact, the college badly needs two more classrooms.

Legal advice

The Special Public Prosecutor in the Suryanelli case, K. Gopalakrishna Kurup, today gave legal advice to the Home Secretary regarding the filing of an appeal in the rape case.

It is learnt that he has recommended that an appeal be filed in the case before the apex court against the High Court ruling acquitting 30-odd accused in the case.

Munna murder case

Justice K. Padmanabhan Nair granted the Central Bureau of Investigation (CBI) six more months to complete investigation in the Munna murder case

The court passed the order on a petition filed by the CBI. The case relates to the murder of an `abkari' contractor, Munna, in April 1992. The petition said that the CBI had recorded the statements of a prime witness from Doha, and that the investigation had reached its final stage. Munna's body was found in a partially burnt ambassador car at Srikrishnapuram in Palakkad.

The High Court ordered the CBI probe on a petition filed by Munna's father, V.K. Gangadharan. The CBI had attributed the motive of the murder to business rivalry between Munna and prime accused Vijayan.

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