Govt Approval Mandatory for Selling Aided School Properties: HC

fast Summary

• the Kerala High Court Division Bench ruled that before alienating the property of an aided school, permission must be obtained from the State government or its authorized officer.
• The ruling came in response to an appeal filed by teachers of a lower primary school in Manjeri against a single judge’s order.
• The case involved rejection of approval for a teacher nominated as manager by the buyer of the property. the government argued that only the property’s actual owner could serve as manager and third-party appointments are not permitted under Section 6(3) of the Kerala Education Act.
• The Bench clarified that permission to alienate should follow Section 6 of the Act and cannot rely solely on Rule 5A under Chapter III of Kerala Education Rules, which deals with procedural aspects like ownership changes.
• It emphasized that indiscriminate property alienation risks compromising students’ future interests.
• The court directed reconsideration based on both Section 6 provisions and Rule 5A procedural norms.

Indian Opinion Analysis

This judgment reinforces strict regulatory oversight regarding ownership transactions involving aided school properties, highlighting their crucial role in serving educational objectives. By mandating prior government permissions and judicial scrutiny for such transfers, it safeguards against misuse or indiscriminate sales that could disrupt education services for students. Balancing legal procedures (e.g., Rule 5A) with greater substantive protections via Section 6 ensures longstanding accountability while preserving public trust in educational institutions.

The directive to reassess this specific case exemplifies how judiciary intervention can clarify gray areas in policy enforcement within state laws like the Kerala Education Act and Rules. while it remains localized to Kerala’s framework currently, safeguarding institutional stability is relevant across all states seeking optimal management integrity at funded schools without deterring private stakeholders unnecessarily.

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