Kerala High Court on Friday disposed off a petition by a private unaided school. (Representational)
No schools seeking recognition in Kerala can provide instruction in only one religion while excluding other faiths, the high court ruled on Friday in a significant judgement.
The state government can initiate action for closure and de-recognition of the schools if they are found violating the order, the court said. "No school, which is required to have recognition under the Right to Education Act (RTE) Act, is entitled to impart religious instruction or religious study of one religion exclusively in preference to other religion," Justice Muhamed Mustaque ordered.
Private schools, however, can provide religious instructions keeping in mind religious pluralism, the court said. "A private school which requires recognition is entitled to impart religious instruction or study based on religious pluralism after obtaining permission from the state government," the ruling said.
The judgement was delivered as the court disposed off a petition by a private unaided school challenging the state government's decision to close it down on the premise that it promotes exclusive religious education and admits students from one particular community.
Cultural rights, as protected under Article 29, would include nature of education as well, it said.
"Our constitution accords special protection to the minorities under Article 25, Article 29 and Article 30. Cultural rights, as protected under Article 29, would include nature of education as well. The right to establish and administer educational institutions under Article 30 would also include the right to choice of education, subject to any restriction imposed under law," the order read.
However, these rights do not extend to dilute the secular nature of education, it added.
"These rights cannot override the basic values of the Constitution. It can be exercised only in consistent with the fundamental values of the Constitution. The status of minority institutions in relation to imparting elementary education is relatable to state function. Minority institutions, therefore, cannot shrug off their role as state functionaries and protect sectarian education under the garb of Articles 29 and 30," it further said.