Primary school takeover strains govt-judiciary relations in Kerala

The judiciary and the Left Democratic Front government seems to be headed for a confrontation over the closing down an 'uneconomical' primary school aided by the government. The Kerala High Court on Wednesday once again directed the government to implement it's earlier order and close the school at Malapparamba in Kozhikode before June 8. The Supreme Court had upheld the HC decision. 

Even as the HC was considering contempt proceedings against the government in the issue, the Pinarayi Vijayan ministry decided on Wednesday to take over four government-aided private schools, including the one at Malapparamba, that were about to close down. The decision comes soon after the Supreme Court verdict allowing closing of the school despite stiff resistance by locals. Besides, the take-over decision also involves a large financial burden. 

The High Court on Wednesday observed that while it was up to the government to take over the school or not, the government was bound to implement the court order.

The managers of four more primary schools have also obtained favourable court verdicts to shut down the schools or are in the process of closing the schools owned by them, triggering a public outcry to protect 'uneconomical' schools aided by the government.

Along with four schools, one each in Palakkad and Thrissur and two in Kozhikkode, hundreds of primary schools in the state are under the threat of closure as they find it difficult to keep up with the competition from private, unaided and CBSE schools. Many government-aided schools are facing the same fate as they are short of students. 

At Malapparamba, a local action committee continues to keep a vigil against the implementation of a High Court order to close the school. When the government tried to use force to implement the HC order, people put up a stiff resistance leading to tension in the area.

"We will submit an affidavit in the SC that the government is ready to take over the school. However, further action depends on the Supreme Court verdict," state Education Minister C Raveendranath told Asianet News.

The government sought expert legal opinion on taking over the schools. As per legal experts, the government can go ahead with its policy decision on the takeover; but the choice needs to be ratified by the Assembly.