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Supreme Court of India 2018-05-02 dismissed

State of Kerala & Anr vs Mythri Vidya Bhavan English M. Sch. & Ors

Bench: 2 — Madan B. Lokur

In Brief

This batch of petitions challenges a High Court order striking down two guidelines issued by Kerala for No Objection Certificates to enable CBSE affiliation: one requiring minimum 3 acres of land (2 acres contiguous) and another requiring minimum 300 students. The Supreme Court held both guidelines arbitrary and irrational. The CBSE Affiliation Bye-laws flexibly adjust land requirements by location, while Kerala's uniform 3-acre mandate ignores local geography. The 300-student requirement contradicts the RTE Act's 30:1 student-teacher ratio and lacks material justification. The Court dismissed Kerala's appeal, holding that neither guideline had a rational nexus with quality education or the CBSE Bye-laws, and that Kerala's imposition of stricter norms only on private CBSE schools was discriminatory.

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Education Law Constitutional Law Administrative Law Right to Education Affiliation of Schools Regulatory Guidelines Executive Authority Public Policy Discrimination

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