SC imposes fine on Kerala in CBSE schools case
NEW DELHI, MARCH 12, 2018 00:00 IST
Restrains State from implementing certain guidelines
An annoyed Supreme Court restrained the Kerala government from implementing certain guidelines, which include enrolment of CBSE students for Aadhaar, while ordering the State to cough up Rs. 1 lakh for chronically seeking adjournments to file an affidavit.
The court had asked the State to file an affidavit explaining its reason for issuing a notification in 2011 which required CBSE schools to enrol students for Aadhaar, teach Malayalam and have three acres of land as necessary pre-conditions to get a no-objection certificate.
A Bench led by Justice Madan B. Lokur ordered the money to be deposited with the Supreme Court Legal Services Committee in a week. The money would be utilised by the committee in juvenile justice issues.
‘Precipitate action’
The court restrained the State government from taking any “precipitate action” against CBSE school managements. before it hears the matter in two weeks.
The Kerala government’s affidavit would be taken on record only if it produces proof of payment of the money, the court recorded in its order.
The Kerala CBSE School Managements Association, represented by Sajith P. Warrier, challenged the 2011 State notification, arguing in the apex court that the demand for CBSE schools in the State is on the increase and the same is evident from the number of schools being set up in small towns and even village areas in Kerala.
The association blamed the State for “discouraging establishment of CBSE schools.” Mr. Warrier argued that the “appropriate government” for the CBSE schools is the Centre and the State cannot impose conditions for affiliation in the name of the Right to Education Act. The State had justified the notification under the RTE Act.
A 2011 notification by Kerala asked CBSE schools to enrol students for Aadhaar, teach Malayalam and have three acres as pre-conditions to get a no-objection certificate