NDLI: A. A. Padmanbhan Vs. The State of Kerala & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India Principles of Doctrine of Pith and Substance
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Kerala Education Act, 1958 (6 of 1959)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Kerala Education Act, 1958: s. 15(1) – Taking over of school by State Government – Propriety of – Appellants (managers of private aided schools) were held entitled by the Court to close down their schools – However, the State was directed to consider taking over the school – Before the schools were closed down, Chief Minister of the State took a decision to take over the schools – State Legislature passed resolution to that effect – Thereafter, Notification for taking over of the school, was issued as contemplated u/s. 15 (1) – By further Notification earlier Notification was modified – Appellants filed writ petitions challenging both the Notifications – Petitions were dismissed – Writ appeals were also dismissed – On appeal, plea was taken that the school could not have been taken over as before the date of Notification to that effect, the school was closed down; that properties of the school could have been acquired only by resorting to Right to Fair Compensation Act of 2013 and not u/s. 15; that s.15 of the Act (a State Act) is repugnant to the provisions of 2013 Act (a Central Act) and hence void in view of Art. 254 of Constitution; and that procedure of dispossessing the appellants is in violation of Art. 300A of Constitution – Held: The date on which the Chief Minister decided to take over, the schools were not closed down – The said decision cannot lose its efficacy even if schools were actually closed before the legislature passed the resolution or before issuance of Notification – The decision of the State to take over the schools which were imparting primary education was in public interest and was in keeping with the object of Art. 21A of Constitution and Right to Education Act, 2009 – 1958 Act is referable to education falling under Entry 25 of List III, while acquisition of property is covered by s. 42 of List III – Therefore, the power u/s. 15 of 1958 Act is distinct and separate from the power under provisions of 2013 Act – Even if it is assumed that in working of two legislations which pertain to different subject, if there is incidental encroachment in respect of small area, it cannot be said that one legislation over-rides the other – Looking into pith and substance of both the legislations, it is clear that they operate in different fields and 1958 Act cannot be said to be repugnant to 2013 Act – The procedure for taking over of the property u/s. 15 is in full compliance of requirement of Art. 300A – Constitution of India – Arts. 21A, 300A and Schedule VII, List III Entries 25 and 42 – Right of Children to Free and Compulsory Eduction Act, 2009 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Constitution of India:Arts. 154 & 166 – State Government as defined u/s. 3 (60) of General Clauses Act means the Governor – All the executive powers are vested in Governor and he exercises such power either directly or through officers subordinate to him – Except the discretionary functions, the Governor does not exercise any executive functions individually – When a Minister takes an action according to the Rules of Business, it is both in substance and form, the action of the Governor – General Clauses Act, 1897 – s. 3(60). Principles of Doctrine of Pith and Substance:In the event any overlapping is found in two entries of Seventh Schedule or two legislations, it is the duty of the Court to find out its true intent and purpose and to examine the particular legislation in its pith and substance – Constitution of India – VII Schedule.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2018 INSC 165
Petitioner	A. A. Padmanbhan
Respondent	The State Of Kerala & Ors.
SCR	[2018] 1 S.C.R. 1035
Judgement Date	2018-02-16
Case Number	2206

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