Aided status to Muslim schools against High Court order

published on June 28, 2012

Kochi: The move to grant aided status to many Muslim managed schools by Congress lead UDF government under the pressure of their key ally Muslim league has been now proved as violation of an existing court order.

In 2003, the High Court had issued a directive stating that the 35 schools that fall under the Area Intensive Scheme must not be granted the ‘aided status’ by the government. The court verdict also stated clearly that the government’s initiative was clearly ill-motivated, unlawful and one sided. The verdict was pronounced in connection with the petition filed by the Parent Teachers’ Association of AJBS School, Nellissery, Malappuram District, which sought action against the government’s plans.

Earlier also there was a move by Government to grant aided status to these schools, but due to timely intervention of court it was thwarted. Following widespread protests against proposed Area Incentive Scheme which allows Government to pay salary to these privately managed Muslim schools the GO were not then implemented and then came the Highcourt High Court verdict the scheme. The President of PTA Association of AJBS School, MK Hameed had filed the case against the government initiative. The verdict was pronounced by a bench consisting of Justice KS Radhakrishnan and Justice K Padmanabhan Nair.

According to the verdict, “the salary for teachers and other staff members of a school should be provided by the school management. This is not the responsibility of the government. If the management is incapable of doing this, the government has the right to take over the school completely or entrust its responsibilities to any other government related organizations”.

The management of as many as 25 schools from Malappuram district filed an appeal in the Supreme Court against the HC verdict. However, the government did not budge against this. Unfortunately, owing to financial constraints, the PTA Association of AJBS School could not go ahead with its appeal. Thus, the Supreme Court dismissed the case as Ex party. The Minister for Education, at the time of the verdict was ET Mohammed Bahseer.

The current UDF government is making a similar move, quite akin to the one made by the Muslim League, when the Supreme Court the verdict was announced. Things are now back in business- and the government is planning to go ahead with the granting of aided status!!

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