High Court of KeralaDivision BenchAppeal disposed of accordingly; interim order v...

Madhavan Sai Vidyashram School v. State of Kerala and District Educational Officer, Neyyattinkara

Case / Petition Number:WA No. 927 of 2015 (IN WP(C) 33768/2014)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Antony Dominic, J.
  • Shaji P. Chaly, J.
Judgment Date
2015-05-26
Court Decision / Holding
We vacate the interim order dated 20.12.2014 passed in Writ Petition No.33768 of 2014 and allow the appeal. The writ petition will be posted in due course for disposal before the learned Single Judge. Appeal is disposed of accordingly.
Final Disposition
Appeal disposed of accordingly; interim order vacated; writ petition to be disposed by the Single Judge

Parties to the Case

Appellants / Petitioners

  • The State of Kerala represented by its Secretary, Education Department; District Educational Officer, Neyyattinkara

Respondents

  • Madhavan Sai Vidyashram School (Respondent/Petitioner) represented by its Manager Krishna Kartha)

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. M.A. Fayaz (Senior Government Pleader)

Counsels for Respondents

  • • Sri. P. Martin Jose (Adv.)

Case Synopsis & Summary

This writ appeal challenges Ext.P3, an order issued by the second appellant denying an NOC for affiliation to ICSE on the ground that Madhavan Sai Vidyashram School had only 147 students, below the minimum set in Annexure AII (initially 300, later reduced to 240 up to standard VIII). The respondent had sought a provisional NOC, pending the outcome of Special Leave Petitions before the Supreme Court. The Division Bench in Mythri Vidya Bhavan English Medium School had earlier struck down the same minimum requirement, but the Supreme Court stayed that judgment, creating a pendency that complicated the issue. The learned Single Judge directed provisional NOC subject to the SLP. The State argued that the 147 students fail to meet the minimum requirement and noted the land-extent issue, while acknowledging the stay of the Mythri decision. The respondent contended that the stay did not dilute the Division Bench ruling and that the NOC could be provisional to safeguard students’ interests. The Court held that interim relief was not warranted in these circumstances and vacated the interim order, disposing of the appeal, and directing the writ petition to be posted for disposal by the Single Judge. The judgment underscores the balance between regulatory norms and pending appellate scrutiny in educational affiliations.

Provisions of Law Cited

Clause xiv of Annexure - AII, G.O.(MS) No.202/11/G.Edn., dated 7.10.2011Annexure - AIV (G.O.(MS) No. 384/2012/G.Edn, dated 07.12.2012)G.O.(MS) No.202/2011/G.Edn.Annexure - AIII (GO order in SLP Nos. 10297 & 10298/2013)

Legal Doctrines & Maxims

  • Interim orders in writ petitions are discretionary.
  • A stay by the Supreme Court does not dilute the precedent value of a Division Bench judgment but may relieve the parties from immediate compliance.
  • Appropriate course is to await the outcome of the SLP pending before the Apex Court.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contend that Annexure - AII requires a minimum of 300 students for NOC (reduced to 240 up to standard VIII in Annexure AIV); the respondent's school had only 147 students and hence did not satisfy the criterion. They also note land-extent concerns and urge that interim provisional NOC cannot be granted given the ongoing SLP and the stay of the Mythri Vidya Bhavan judgment. They emphasize that 34 other schools were treated differently, but the core issue remains the statutory minimum tied to affiliation.

Contentions of Respondents

The respondent school argues that the Division Bench's Mythri Vidya Bhavan decision vacating the minimum requirement remained binding, and that a stay by the Supreme Court did not dilute that precedent but merely suspended its operation. The Single Judge’s order to issue provisional NOC pending the SLP was prudent to protect students’ interests and future affiliation, subject to the final outcome of the SLP.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
State of Kerala v. Mythri Vidya Bhavan English Medium School2012(4) KHC 321PositiveDivision Bench vacated the minimum student requirement in Annexure AII, a proposition relied upon by the appellate court though subsequently stayed by the Supreme Court.
Special Deputy Tahsildar (RR), KSFE Ltd. and Another v. K.P. Rajan and Another2013 (3) KHC 232PositiveCited to support that when a Division Bench judgment is stayed by the Supreme Court, the Single Judge should be cautious in granting interim relief.
Abdu Rahiman v. District Collector, Malappuram2009(4) KLT 485PositiveCited to argue that Supreme Court stay does not dilute precedent but relieves parties from immediate compliance.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WA.No. 927 of 2015 () IN WP(C).33768/2014 ------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 33768/2014 of HIGH COURT OF KERALA APPELLANTS/RESPONDENTS:: ------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 001. BY SENIOR GOVERNMENT PLEADER SRI. M.A. FAYAZ RESPONDENT(S)/PETITIONER:: ---------------------------------------------------- MADHUVAN SAI VIDYASHRAM SCHOOL, GOVERNED BY MADHUVAN SAI VIDYASHRAM TRUST MADHUVANAM, PULIYARAKONAM THIRUVANANTHAPURAM - 695 573 REPRESENTED BY ITS MANAGER KRISHNA KARTHA, MADHUVAN SAI VIDYASHRAM SCHOOL MADHUVANAM, PULIYARAKONAM THIRUVANANTHAPURAM - 695 573. BY ADV. SRI. P.MARTIN JOSE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 927 of 2015 ## APPENDIX ## APPELLANTS' ANNEXUES: AI : PHOTOCOPY OF THE ORDER IN CC(C) NO.613/2015. AII : TRUE COPY OF THE GOVT. ORDER GO(MS) NO.202/2011/G.EDN. DATED 7.10.2011. AIII : TRUE COPY OF THE ORDER DATED 10.05.2013 IN SLP(C) NO.10297 & 10298/2013 AIV : TRUE COPY OF THE GOVT. ORDER GO(MS) NO.384/2012/G.EDN DATED 07.12.2012. ## RESPONDENT'S ANNEXURES : NIL // TRUE COPY// P.A. TO JUDGE smv ## **ANTONY DOMINIC & SHAJI P. CHALY, JJ.** ----------------------------------------------- ## **W.A. No.927 of 2015** ## **----------------------------------------------Dated this the 26[th] of May, 2015** ## **JUDGMENT** ## **Antony Dominic,J.** This writ appeal is filed by the respondent in Writ Petition No.33768 of 2014. The said writ petition was filed by the respondent herein seeking to quash Ext.P3, a communication issued by the second appellant rejecting their application for NOC for getting affiliation from ICSE, on the ground that the number of students in the school was only 147 which was below the minimum 300 prescribed in Clause xiv of Annexure - AII, G.O.(MS) No.202/11/G.Edn. dated 7.10.2011. 2. In the writ petition, the respondent relied on the Division Bench judgment of this Court in S **tate of Kerala v. Mythri Vidya Bhavan English Medium School** [2012(4) KHC 321], where this Court had set aside the aforesaid condition contained in Annexure - AII mentioned above. When the writ petition came up for consideration, a learned Single Judge of this Court passed an interim order dated 20.12.2014 directing that in the light of W.A. No.927 of 2015 2 the Division Bench judgment mentioned above, there shall be a direction to the appellants to issue provisional NOC to the respondent subject to the outcome of an SLP that was filed by the appellants challenging the above decision of the Division Bench. It is aggrieved by the aforesaid order of the learned Single Judge dated 20[th] December, 2014 that this writ appeal is filed. 3. We heard the learned Government Pleader appearing for the appellants and also the learned Senior Counsel appearing for the respondent. 4. The learned Government Pleader submitted that under Annexure - AII, minimum number of students required for the issuance of NOC is 300 and that the said number was later reduced to 240 upto standard VIII, as per Annexure - AIV. According to the learned Government Pleader, in the school of the respondent, there were only 147 students and that therefore, the appellants did not satisfy the requirement prescribed. Although the Government Pleader also pointed out that the school did not have the required extent of land, since such a reason is not mentioned in Ext.P3 order impugned in the writ petition, we decline to consider that plea now raised. 5. He has also invited our attention to Annexure - AIII, the W.A. No.927 of 2015 3 order passed by the Apex Court in SLP No. 10297 - 10298/2013 where the Division Bench judgment of this Court relied on by the respondents has been stayed by the Supreme Court. Therefore, according to the Government Pleader, there is no justification for the learned Single Judge to pass an interim order requiring the appellants to issue a provisional NOC. He also placed reliance on Division Bench Judgment in **Special Deputy Tahsildar (RR), KSFE Ltd. and Another v. K.P. Rajan and Another** [2013 (3) KHC 232] to support of his contention that when the Division Bench judgment has been stayed by the Supreme Court, the learned Single Judge ought not have passed the interim order. 6. However, on behalf of the respondent, the learned Senior Counsel not only placed reliance on the Division Bench Judgment referred to above but also referred us the principles laid down by this Court in **Abdu Rahiman v. District Collector, Malappuram** [2009(4) KLT 485] and contended that the stay order passed by the Supreme Court did not in any manner dilute the precedent value of the Division Bench Judgment but only relieved the parties to the judgment from their obligation to comply with the same. According to him, the Division Bench judgment was binding on the learned Single Judge and it was W.A. No.927 of 2015 4 therefore that the learned Single Judge has passed an interim order, which also protected the interests of the appellants by ordering that the NOC shall be provisional and that validity of the same would depend upon the ultimate outcome of the SLP now pending in the Apex Court. 7. We have considered the submissions made. As we have already stated the challenge in writ petition is against Ext.P3, an order issued by the second appellant rejecting the application of the respondent for NOC on the ground that the number of students in the school was less than the number prescribed in Annexure - AII. It is true that the said condition prescribed in Annexure - AII was directly in challenge before the Division Bench in the case of **Mythri Vidya Bhavan** (supra), where the said provision of the Government order was vacated by this Court. Appeals were filed against this judgment of the Division Bench. Special Leave Petitions are admitted and the Supreme Court has also granted the stay of the judgment as per Annexure - AIII order. 8. An interim order, in a writ petition, is a discretionary one and that when such an order is passed, this Court is certainly required take into account the pendency of the appeal and the interim order that is passed by the Supreme Court. In so far as W.A. No.927 of 2015 5 this case is concerned, the learned Single Judge has ordered that provisional NOC be issued to the respondent. If provisional NOC is so issued, the appellants will be entitled to seek affiliation on the strength of that provisional NOC. The validity of the provisional NOC being depend on the outcome of the SLPs that are now pending before the Apex Court, if the ultimate decision of the Apex Court is one disapproving the judgment of this Court, that will necessarily affect the validity of the NOC also. In such a situation,schools would lose its affiliation and the students' future in the school is in uncertainty. In such a factual situation, we do not think that this was a case where an interim order was warranted. 9. It is true that the learned Senior Counsel referred us Ext.P2 order in the writ petition and pointed out that when 34 ineligible schools have been granted NOC and that therefore there is no reason to deny NOC to the respondent. 10. We have gone through Ext.P2 order. We find from this order that these schools were also parties to the earlier Division Bench judgment. Before the judgment was stayed by the Apex Court, these 34 schools had filed Contempt of Court petitions before this Court. It was under those circumstance, the Government, despite its reservations, granted NOC subject to W.A. No.927 of 2015 6 the result of the SLP. Therefore, respondent's claim for NOC cannot be equated to the cases of those 34 grantees nor can the respondent claim parity with them. 11. In our view, the aforesaid considerations should have persuaded the learned Single Judge against the passing of the interim order and instead, in the circumstances of the case, we feel that the appropriate course was to have awaited the outcome of the SLP now pending before the Apex Court. For that reason, we are inclined to think that the interim order of the learned Single Judge cannot be sustained. 12. Accordingly, we vacate the interim order dated 20.12.2014 passed in Writ Petition No.33768 of 2014 and allow the appeal. The writ petition will be posted in due course for disposal before the learned Single Judge. Appeal is disposed of accordingly. ## Sd/- **ANTONY DOMINIC JUDGE** ## Sd/- **SHAJI P. CHALY JUDGE** //true copy// P.A. to Judge smv