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Kerala High Court says authorities should implement Court directions barring bandhs and strikes

The writ petition is filed for banning educational strikes and thereby compelling to close the functions of Government P.V.H.S. School, Perumkulam, Kottarakkara, Kollam District, by the outside students' leaders and also for effective police protection for the smooth running of the school.

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The Kerala High Court on October 11, observed that all concerned authorities should implement the Court directions barring Bandhs or strikes in the State.

The Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly passed this order while hearing a petition filed by Rajkishor C & Another.

The writ petition is filed for banning educational strikes and thereby compelling to close the functions of Government P.V.H.S. School, Perumkulam, Kottarakkara, Kollam District, by the outside students’ leaders and also for effective police protection for the smooth running of the school.

According to the Petitioner, a Full Bench of the court has banned “Bandh” holding it as illegal and unconstitutional in Bharat Kumar K. Palicha and another v. State of Kerala and others reported in (1997) 2 KLT 287 (FB). Later the Apex Court, in Communist party India v. Bharath Kumari reported in 1997 (2) KT 1007 (SC) has upheld the findings of the High Court.

Therefore, according to the petitioner, calling of educational bandh/strike by the students organization/political parties are illegal and unconstitutional, as “bandh/strike” has already been banned by the Full Bench of the Court and upheld by the Apex Court in Barath Kumari’s case supra. Hence once bandh is banned, there is no scope for calling educational bandh and conduct of it.

The Court observed that the material on record discloses that functioning of the Government P.V.H.S. school, Perumkulam, Kottarakara in Kollam district was affected, on account of the activities of the Kerala Students Union (KSU) represented by its President, the Students Federation of India (SFI) represented by by its State Secretary, The Akhil Bharatiya Vidyarthi Parishad (ABVP) represented by its President, The Unit President, KSU Perumkulam, The Unit Organizer, ABVP Perumkulam, The Unit President, SFI Perumkulam/respondents respectively, and that the school had to remain closed on a few days because of the ‘bandh call’ given by respondents.

That apart, it is the contention of the petitioner that though a complaint dated July 4, 2018 was lodged by the Parent Teachers Association, Govt. P.V.H.S.School, Perumkulam, Kottarakkara, Kollam to the Superintendent of Police (Rural), Kottarakara, Kollam/respondent no.3, no action was taken.

On instructions, K.P.Harish, Senior Government Pleader submitted that on receipt of complaint dated July 4, 2018, a meeting was arranged by the police authorities with all concerned and that issues raised in the complaint, were settled amicably. Thereafter there is no such incident.

The Court held that there is no need to retain the writ petition. However, on the facts and circumstances of the case, we only observe that all the authorities concerned should implement the decision of the Apex Court and the Court, dealing with strike/bandh, as stated supra, without giving room for any future complaint or representation in this regard, violation of which would be viewed seriously.

“Appropriate instructions be issued by the concerned. Accordingly, writ petition is disposed of leaving open all the issues raised based on the provisions of the Right of Children to Free and Compulsory Education Act, 2009”, the order reads.

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