The Kerala High Court has clarified that Parent-Teacher Associations operating within Kendriya Vidyalayas must strictly adhere to the statutory framework prescribed by the Kendriya Vidyalaya Sangathan. This judgment reasserts the primacy of codified administrative rules over informal practices, even when those practices serve perceived public welfare objectives.
Background & Facts
The Dispute
The dispute arose when three Kendriya Vidyalayas in Palakkad, Ernakulam, and Kochi issued notices directing their respective Parent-Teacher Associations (PTAs) to vacate school premises and cease using school branding on transport buses. The PTAs, which operated a combined fleet of over 25 buses carrying hundreds of students daily, challenged these notices as violative of students' right to education and their own right to continue longstanding activities.
Procedural History
- 2018: Writ petitions filed by PTAs in three separate cases before the Kerala High Court
- 2025: Single Judge issued a common judgment permitting PTAs to continue occupying premises and operating buses with school names
- 2025: Appeals filed by Kendriya Vidyalaya Sangathan and Union of India under Section 5(i) of the Kerala High Court Act
- 2026: Appeals heard together by a Division Bench
Relief Sought
The PTAs sought continuation of their activities, including:
- Occupation of designated rooms within school premises
- Operation of student transport buses bearing the name 'Kendriya Vidyalaya' or 'Parent Teacher Association'
- Declaration that their activities were lawful under the Right to Education Act and school management norms
The Parties' Positions
- Appellants (KVS/Union): Argued that PTAs had no statutory authority to occupy premises or operate branded transport under Article 147 of the KVS Education Code
- Respondents (PTAs): Contended that their activities were essential for student welfare, especially for children from remote areas, and that the school authorities acted arbitrarily without consulting the School Management Committee
The Legal Issue
The central question was whether Parent-Teacher Associations operating within Kendriya Vidyalayas can lawfully occupy school premises and operate student transport vehicles bearing the school’s name, absent compliance with Article 147 of the Kendriya Vidyalaya Sangathan Education Code.
Arguments Presented
For the Appellant/Petitioner
The appellants relied on Article 147 of the KVS Education Code, which strictly defines the composition, functions, and limitations of PTAs. They argued:
- PTAs are not empowered to own, operate, or brand transport vehicles
- The Code explicitly prohibits PTAs from collecting or maintaining funds
- Membership is restricted to parents and teaching staff only; no third-party entities or commercial operators are permitted
- The Single Judge’s order ignored these binding administrative guidelines
For the Respondent/State
The respondents contended that:
- The PTAs’ transport services are vital for students from disadvantaged and remote areas
- The absence of formal rules permitting such activities does not imply prohibition, especially where public interest is involved
- The Single Judge’s order was a reasonable exercise of judicial discretion under Article 21 (right to education)
- The school authorities acted without consulting the School Management Committee, violating Section 21 of the RTE Act
The Court's Analysis
The Court conducted a rigorous textual analysis of Article 147 of the KVS Education Code, emphasizing that it is not a mere guideline but a binding administrative framework governing the structure and function of PTAs. The Court noted that the Single Judge’s judgment failed to reference this provision, rendering it legally unsustainable.
"The facts of the instant writ petitions prima facie show that the petitioner Associations are not constituted as provided under Article 147 of the Education Code of Kendriya Vidyalaya Sangathan. Similarly, the activities of the petitioner Associations are not in accordance with the aforementioned provisions."
The Court observed that while the PTAs’ intent to support student welfare was commendable, legality cannot be subordinated to convenience. The Code explicitly limits PTA functions to promoting cooperation between parents and teachers through meetings, seminars, and incentive programs. It does not authorize:
- Operation of transport services
- Use of school premises for commercial or quasi-commercial activities
- Branding of vehicles with school names
The Court further clarified that the absence of an explicit prohibition does not imply permission. Administrative bodies like KVS operate under delegated statutory authority, and any activity outside the scope of the governing code is ultra vires. The Court declined to create new rights based on long-standing practice, stating that such practices must conform to the law, not the other way around.
The Court also noted that the PTAs could not point to any statutory provision granting them the authority to occupy school premises or operate buses. While the Right to Education Act mandates school management committees, it does not confer operational rights on PTAs beyond those specified in the KVS Code.
The Verdict
The appellants won. The Court set aside the Single Judge’s judgment and remanded the matters for fresh consideration in light of Article 147 of the KVS Education Code. The Court directed the parties to maintain the status quo regarding bus operations and student unboarding for ten days to allow for interim applications.
What This Means For Similar Cases
PTA Activities Are Strictly Limited by Code
- Practitioners must verify that all PTA activities align with Article 147 before challenging administrative orders
- Any activity beyond meetings, seminars, or incentive programs is legally vulnerable
- Schools may lawfully restrict PTA use of premises if activities fall outside the Code’s enumerated functions
Branding of Transport Vehicles Is Not Permissible
- Buses operated by PTAs cannot bear names like 'Kendriya Vidyalaya' or 'Parent Teacher Association' if not authorized by KVS
- Even if funded by parents, vehicles must be registered and branded under private or cooperative names
- Use of school branding may be construed as misrepresentation of institutional endorsement
Procedural Compliance Overrides Welfare Arguments
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Welfare considerations, however compelling, cannot override statutory compliance
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Courts will not validate illegal practices merely because they benefit students
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PTAs must seek formal approval from KVS for any new activity, not rely on acquiescence
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If a PTA wishes to operate transport, it must register as a separate society under the Societies Registration Act and obtain separate permissions
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School Management Committees must be consulted before any policy change affecting student services
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Legal challenges against school orders must be grounded in the governing code, not general principles of equity
