The Kerala High Court recently ordered the closure of a private school in Thrissur that was imparting Quran-based religious instructions to students, on finding that it was functioning without State recognition, in violation of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) [Moithunnykutty v The District Collector & ors].

Justice Harisankar V Menon held that running a school without proper approval under the RTE Act was illegal and could not be permitted, even if the institution had obtained certain permits or accreditation from other authorities.

The Bench also noted that in Trustee, Hidaya Educational & Charitable Trust v. State of Kerala and Others, the High Court had warned against schools imparting religious instructions with permission from the State government. In light of the same, the Court issued directions for the closure of the school.

"In the afore circumstances, I am of the opinion that the educational institution ... may not be entitled for running the same without a valid recognition with reference to the provisions of Section 18 of the (RTE) Act. In that view of the matter, I allow (petition questioning the school's functioning without State approval) directing the competent among the respondents to take note of the findings in this judgment and take appropriate steps to shutdown the educational institution," the Court ordered.

However, the Court directed authorities to permit the school to run for present (2025-2026), until alternate arrangements were made for the students.

The Court passed the ruling while considering two connected writ petitions.

The first petition arose from the complaints of two local residents, who alleged that the Ma'din Knowledge Garden Public School was operating without mandatory government recognition and imparting religious knowledge to students without the State's approval.

Acting on the complaint of the residents, the Assistant Educational Officer conducted an inspection and reported that the school was functioning without approval. Subsequently, the District Educational officer also observed the same and stated that appropriate steps should be taken.

Following this, the District Collector initiated proceedings and proposed to direct the school to shut down and to issue transfer certificates to students.

The school then filed the second petition challenging the proposed closure of the school based on the alleged violations.

The Court observed that there was no dispute that the institution lacked recognition from the State government and pointed to Section 18 of the RTE Act, which makes it compulsory for every school to obtain recognition from the appropriate government authority before functioning.

It also took note of submissions made by the school in its counter affidavit that it was imparting pre-school education to around 300 students, primarily teaching the Quran and related subjects.

The Court noted that it has already held in the Hidaya Educational & Charitable Trust case that schools requiring recognition could not impart religious instruction or religious studies without prior permission from the State government.

Applying the same principle, the Court held that the school before the Court could not continue operations merely on the basis of NIOS accreditation, especially when it had not secured the statutory recognition under the RTE Act.

Accordingly, the Court ordered the closure of the school.

Advocate SK Adhithyan appeared for the local residents.

The school was represented by advocates Nazif KN and Abdul Kareem.

Government pleader NB Sunilnath appeared for the State.

[Read Judgment]