Thottathil B.Radhakrishnan, J.
These writ petitions were listed as referred to the Full Bench in the light of the reference order in W.A.Nos.601 of 2011, 653 of 2011 and 53 of 2012. Those writ appeals were dismissed as per judgment dated 12.11.2014, affirming the correctness of the ratio decidendi of Balakrishnan v. Ramaseshan [1993 (1) KLT 519] and Parent Teacher Association v. State of
Kerala [2000(1) KLT 804], as also, the decision in Subramanian v. State of Kerala and others [1986 KLT 359] and Krishnakumar v. State of Kerala and others [1972 KLT 496]. In rendering that judgment dated
WPC.Nos13702,14049, 18351/12 2 12.11.2014, the Full Bench had noticed that the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the Kerala Right of Children to Free and Compulsory Education Rules, 2011 having come into force, it was essentially within the domain of the competent authority to take any action, as may be necessary, on the request of any of the parties. Applying that judgment, these writ petitions are ordered, quashing the orders and decisions challenged therein and directing that the competent authority will consider the cases of schools involved in these writ petitions also in the light of the contents of the judgment in W.A.Nos. 601 of 2011, 653 of 2011 and 53 of 2012. We also leave open the question as to whether the notices given by the managers of schools before coming into force of the Right of Children to Free and Compulsory Education Act, 2009 and the Kerala Right of Children to Free and Compulsory Education Rules, 2011 would be governed by the provisions of the Kerala Education Act and Rules without reference to the said Central enactment. It would be open to the parties to raise such issue before the WPC.Nos13702,14049, 18351/12 3 competent authority, if such matter comes up for consideration in any proceedings before such authority.
Writ petitions are allowed to the above extent.
Sd/-
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(C.T.RAVIKUMAR, JUDGE) Sd/-
(BABU MATHEW P. JOSEPH, JUDGE) //TRUE COPY// P.A TO JUDGE DG