Unrecognised Schools Can Be Closed For Lack Of Valid Recognition: Kerala High Court Orders Closure Of Quran-Teaching Preschool
Safiya Malik
The High Court of Kerala Single Bench of Justice Harisankar V. Menon ordered the shutdown of a private educational institution after finding that it was functioning without the statutory recognition required for running a school under the Right of Children to Free and Compulsory Education Act, 2009. The Court directed the competent authorities to take steps to close it, while permitting it to continue operations for the academic year 2025–26 to enable alternate arrangements for students.
The matter concerned two connected writ petitions relating to an educational institution functioning in Thrissur district. In the first petition, private individuals alleged that respondents were running an educational institution without obtaining licence or recognition as mandated under the Right of Children to Free and Compulsory Education Act, 2009. They relied on a report prepared by the Assistant Educational Officer and subsequent proceedings of the District Educational Officer stating that the institution was functioning without recognition. They sought directions to the District Collector and educational authorities to take action based on these reports.
In the connected petition, the educational institution challenged proceedings issued by the Assistant Educational Officer directing closure of the school and issuance of transfer certificates to students. The institution relied on certain documents including a communication from the District Collector and accreditation granted by the National Institute of Open Schooling. It was also stated in its counter affidavit that it was imparting preschool education to about 300 students teaching Quran and allied subjects.
With respect to the allegation of absence of recognition, the Court noted that the petitioners had pointed out that the institution was running “without obtaining the relevant licence / recognition required with reference to the provisions of Right of Children to Free and Compulsory Education Act, 2009” and that proceedings had found that “the educational institution is being run without any recognition, appropriate action requires to be taken in the matter.”
The Court recorded its earlier interim order stating that “the pendency of the writ petition would not stand in the way of the educational authorities, if the same is functioning without recognition.” It also noted that a Division Bench had rejected the appeal and held that “the stop memo could be challenged in appropriate proceedings.”
On the statutory requirement, 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.” It further recorded, “Here there is no dispute about the fact that the educational institution - the petitioner in W.P.(C) No.28053 of 2024, is running the same without valid recognition from the concerned Government.”
Referring to the counter affidavit, the Court stated: “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.”
After considering the rival contentions, the Court stated, “In the afore circumstances, I am of the opinion that the educational institution - petitioner in W.P.(C) No.28053 of 2024 may not be entitled for running the same without a valid recognition with reference to the provisions of Section 18 of the Act.”
The Court directed, “I allow W.P.(C) No.21615 of 2023 directing the competent among the respondents to take note of the findings in this judgment and take appropriate steps to shutdown the educational institution.”
“Taking note of the stand taken by the learned counsel for the educational institution that a reasonable time may be extended for making alternate arrangements, this Court direct the respondents to permit the educational institution to run the school for the academic year 2025-26. In view of the afore findings, W.P.(C) No.28053 of 2024 would stand dismissed.”
Advocates Representing the Parties:
For the Petitioners: Sri. S.K. Adhithyan; Sri. Manu Mohan (M-1378); Smt. Shahina Noushad; Shri. Krishna S. Karunakaran; Shri. Jai Prakash Choudhary
For the Respondents: Smt. Jayasree K.P.; Sri. P.S. Abdul Kareem; Shri. John Joseph; Shri. Nazif K.N.; Sri. N.B. Sunilnath, Government Pleader
Case Title: Moithunnykutty & Anr. v. District Collector & Ors. and Connected Matter
Neutral Citation: 2026: KER:9078
Case Number: WP(C) Nos. 21615 of 2023 and 28053 of 2024
Bench: Justice Harisankar V. Menon
