Sanctions for new CBSE schools draws flak

THIRUVANANTHAPURAM: UDF Government’s decision to accord sanction to 520 CBSE schools has kicked off protest with the pro-CPM Kerala School Teachers Association (KSTA) deciding to organise a series of agitations against it.KSTA general secretary M Shajahan told ‘Express’ that during the previous LDF Government’s term only 17 CBSE schools, the institutions which obtained favourable court orders, were given NOCs.The present government, on the other hand, decided to give NOC to all the 520 schools which have applied for it. Chief Minister Oommen Chandy had made it clear that the government would give NOC to any institution which seeks permission to start CBSE and ICSE schools, he said.The move was part of an agenda to destroy public education institutions. Running of many government schools will become financially unviable once new schools are sanctioned, he said.He said that KSTA would organise protest meetings in all schools on Thursday. It would also organise ‘evening dharnas’ at various centres which would be attended by senior leaders, including Opposition Leader V S Achuthanandan. If the State Government decides to go ahead with the agenda, the KSTA would be forced to start agitation, he said.The previous LDF Government took a stand against sanctioning new schools. Following this, the managements had moved the court. The Supreme Court had directed the institutions seeking affiliation to submit the applications to the state authorities as mentioned under the provisions of the Right to Free and Compulsory Education Act.A Bench comprising Justice R V Raveendran and Justice A K Patnaik, while passing the interim order, directed the State Government to pass orders for recognition based on the schedule to the act and rules, if the government had framed any. The Bench also made it clear that the government should pass orders within two months, irrespective of whether any rules had been framed or not.The State Government issued an order on December 15, 2008 making it mandatory for schools to obtain no-objection certificates for seeking affiliation with the CBSE. Under the Kerala Education Rules, the government would prepare a list of schools indicating the areas where new ones could be opened or existing ones upgraded.The rules provided that the government had to take into account the existing schools in and around the locality of the new schools, the distance from the existing schools to the area where the new schools are to be started, the educational needs of the locality and so on before issuing NOCs.Acting on a batch of writ petitions, the Kerala High Court has struck down this Government Order, holding that it violated the fundamental rights given to a citizen under Article 19 (1)(g) to establish a new school affiliated to the CBSE. The High Court directed the government to pass fresh orders without taking into account the impugned orders.On a special leave petition, the Supreme Court on May 15, 2009 stayed the High Court order. As a result, these schools could not be granted affiliation as the CBSE bylaws provide that they required the NOCs.