'No RTE Act Recognition': Kerala High Court Orders Closure Of School Imparting Preschool Education On Quran

The Kerala High Court recently ordered closure of a school that was teaching Quran and allied subjects to its students since it was running without valid recognition as per Section 18 of Right of Children to Free and Compulsory Education Act, 2009.Justice Harisankar V. Menon was considering two connected writ petitions, one of which was preferred by two persons, who had complained against the school. The complaint had led to a report by the Assistant Educational Officer addressed to the District Educational Officer, who found that the school was being run without recognition. They have sought for directions for taking further action on the same.The second writ petition was filed by the school against the proposed direction issued by the District Collector for closing it and to issue transfer certificates to the students. The school produced the accreditation granted by the National Institute of Open Schooling (NIOS) and contended that the school cannot be shut down.The Court took note of the fact that the school was running without RTE Act education while also imparting preschool education for around 300 students teaching Quran and allied subjects.It also relied on the High Court judgment Trustee, Hidaya Educational & Charitable Trust v. State of Kerala and Others wherein it was held that schools that are required to have recognition under the RTE Act are not entitled to impart religious instruction or religious study of one religion exclusively in preference to other religions.Considering these, the Court observed:“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…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…to the effect that the said institution is imparting preschool education for about 300 students teaching Quran and allied subjects.”The Court opined that the school cannot run with valid State recognition as per the RTE Act. It directed the educational authorities to take appropriate steps to shut down the school.Considering the school's submission that a reasonable time may be extended for making alternative arrangements, the Court directed the authorities to permit running of the school for the academic year 2025-26.Thus, it dismissed the school's petition while allowing the other plea.Case No: WP(C) No. 21615/2023 and WP(C) No. 28053/2024Case Title: Moithunnykutty and Anr. v. The District Collector and Ors. & Ma'din Knowledge Garden Public School v. Assistant Educational Officer and Ors.Citation: 2026 LiveLaw (Ker) 81Counsel for the petitioners: S.K. Adhithyan, Manu Mohan, Shahina Noushad, Krishna S. Karunakaran, Jai Prakash Choudhary, P.S. Abdul Kareem, Nazif K.N.Counsel for the respondents: Jayasree K.P., P.S. Abdul Kareem, John Joseph, Nazif K.N., Sunil Nath – Government PleaderClick to Read/Download Judgment

'No RTE Act Recognition': Kerala High Court Orders Closure Of School Imparting Preschool Education On Quran

K. Salma Jennath

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