JUDGMENT
Kurian Joseph, J.
1. ‘Mens Sana in Corpore Sano’ is a famous saying in Latin – a healthy mind is in a healthy body. A healthy mind of a child is developed in a healthy atmosphere of an educational institution. It is necessary to bear in mind this piece of wisdom while tackling the question raised in the Original Petitions. The impact of hoardings and advertisement boards at the school premises is the issue of general importance, though raised in an individual case, that arises for consideration in these Original Petitions. The Original petitions are at the instance of the Parent Teacher Association and the Headmistress of a Government Girls High School respectively. The facts are simple: The second respondent in O.P. No. 35376 of 2000 is the 4th respondent in O.P. No. 4010 of 2002, hereinafter referred to as the advertising agency. It is the case of the said agency that he was permitted by the Parent Teacher Association for installing and exhibiting three hoardings at the premises of the school on payment of an amount of Rs. 8000/-, However, the said amount was returned to the agency directing the remittance before the competent local authority. The Corporation of Kollam granted Ext.Pl permission dated 12.10.2000 subject to certain conditions. It was clearly stipulated in Ext.Pl that there shall not be any obstruction, the ground rent was Rs. 8000/- and that the same was for a period of one year from 1.10.2000. The agency maintains that having spent huge amounts for the installation of the hoardings, as it is the practice it is entitled to have the licence renewed atleast for two more years.
2. It is significant in this context to note that the educational authorities had serious objection in the matter. The District Educational Officer had even directed the Headmistress to remove the boards from the compound and hence the Headmistress prayed for police assistance. The Corporation of Kollam has taken a stand that in view of the serious objection on the part of the educational authorities, they have decided not to renew the licence.
3. On the introduction of Act 16/2000, the management of Government Schools was handed over to the local authorities. Thus Government Model Girls High School, Kollam is now managed by the Corporation of Kollam. The new provision under Section 5B of the Kerala Education Act, 1958 reads as follows:-
“5B. Restriction on alienation of property of Government Schools:- Notwithstanding anything contained in any law for the time being in force or in any decree, judgment or order of any court no sale, mortgage, lease, pledge, charge or transfer of possession of any land appurtenant to a Government School vested with a local authority under Section 5A shall be made and such land shall not be used for any purpose other than educational purposes.”
It is fruitful to refer to a few provisions in the Kerala Education Rules so as to have a general idea as to how the law making authority has dealt with this issue. Chapter IV Rule 4 deals with the distance of a school from a burial place or a cremation ground. Sub-rule (2) of the said Rule deals with distance from liquor shops. Rule 8(2) of the said Chapter provides that:
“School buildings and grounds shall be maintained in good repair and kept clean and tidy.
Scribbling on the walls, doors and windows, and furniture or otherwise defacing them shall be
prevented.”
The very fact that Legislature has taken note of certain safeguards regarding the location of school and use of the school premises indicates the seriousness of the issue. As noted above Section 5B provides that there shall not be any use of the land of the school other than for educational purposes. Therefore, there shall not be any hoarding or any advertisement at the premises of a school, to be specific, either within the compound or on the compound wall of a school, which will not serve an educational purpose. The same principle would apply in the case of all other educational institutions. The educational institutions shall not sell the students to commercial advertisers. Unless a healthy atmosphere conducive for the upbringing and formation of children are provided at the premises of the educational institutions, they cannot be blamed for going astray. The institutions should provide an atmosphere helping and compelling the children to have purity of thought and clarity in vision. No doubt the children are exposed to all these consumeristic influences outside the campus. But that is not an excuse and defence; the message the campus should give is definitely different. The enviornment has certainly an impact on the children. The presumption for a clean and tidy premises indicates the need for a clean environment surrounding any educational institution. As a matter of fact, such a clean and tidy environment of an educational institution has certainly a serious impact on the total discipline of the children and the institution. A temple of learning is as sacred as a temple of worship. Just as we keep the places and premises of worship neat, pure and holy, the places and premises of temples of learning should also be kept neat, pure and holy, protecting them from commercial invasions. It is unfortunate that no serious attention is made on these areas by the managements.
4. True Section 5B deals only with Government schools. But Section 6 clearly provides that there shall not be any transfer or creation of any charge in respect of any property of an aided school without the previous permission of the educational officer. Section 6(1) reads as follows:-
“6. Restriction on alienation of property of aided school:- (1) Notwithstanding anything
to the contrary contained in any law for the time being in force, no sale, mortgage, pledge, charge
or transfer or possession in respect of any property of an aided school shall be created or made
except with the previous permission in writing of such officer not below the rank of a District
Educational Officer, as may be authorised by the Government in this behalf. The officer shall
grant such permission applied for unless the grant of such permission will, in his opinion,
adversely affect the working of the school.” ‘
Permission to exhibit an advertisement or place a hoarding at the premises of the school necessarily creates a charge and hence the same shall be done only with the approval of the educational officer. The educational officer is bound to look into all the relevant aspects while granting such permission, in particular as to whether the advertisement or hoarding would in any way affect the interests of the children and whether the same would serve educational purpose.
5. All that apart, there is a duty cast on the local authorities in the matter of an advertisement. Section 209A of the Kerala Panchayat Raj Act, 1994 and Section 272(1) of the Kerala Municipality Act, 1994 deal with permission. Those provisions contemplate permission from the Secretary of the local authority irrespective of the fact whether tax on advertisement is levied or not. In other words, even if no tax on advertisement is levied, without prior permission from the Secretary of the local authority, there cannot be any advertisement or hoarding in any place within the local authority. The very fact that permission is contemplated casts a duty on the Secretary of the local authority to apply his mind to all the relevant aspects while granting the permission. One relevant aspect as far as advertisements at the premises of educational institution is concerned is whether an advertisement would serve an educational purpose and whether the advertisement would adversely influence the tender minds of children at the vulnerable age.
6. Under Section 209C of the Kerala Panchayat Raj Act and Section 275 of the Kerala Municipality Act, 1994, the Secretaries of the Grama Panchayats and Municipalities and Municipal Corporations are bound to take action for removal of any advertisement exhibited without permission from the Secretary. Therefore, the Secretaries of the Grama Panchayat and Municipalities and Municipal Corporations are bound to look into their statutory duty and take appropriate action for removal of the unauthorised advertisements. The Secretaries of the local authorities will immediately look into this matter and see whether the advertisements at the premises of educational institutions have been made with due permission and take action for removal of those advertisements from the premises of the educational institutions in case the same are placed or exhibited without permission. There will also be a further direction to the Secretaries to examine whether the advertisements exhibited at the premises of educational institutions with permission are for educational purposes and if not appropriate action will be taken with notice to the affected parties. In any case, there shall not be any renewal of any permission beyond the period of expiry of the existing permission in case such advertisements are not for educational purposes.
7. I direct the Secretary to Government, Local Self Government Department to immediately issue appropriate instruction to the local authorities, in the matter of advertisements at the premises of the educational institutions. I make it clear that the Government should strictly enforce Section 5B of the Kerala Education Act and see that the premises of an educational institution is not made use of for any purpose other than educational purpose. I also direct the Secretary to Government, General Education Department, to issue appropriate instruction to the educational officers to see that the premises of a school in the private sector is not used for any purpose other than educational purpose. I also direct the Chief Secretary to Government to take appropriate steps in the light of this judgment, in the case of all other educational institutions in the State and see that the premises of the institutions are used only for educational purposes. Since there are about two months for the reopening of the educational institutions, I direct the Government Secretaries to take steps forthwith so that the children will be in a position to enter a clean and tidy premises by the beginning of the next academic year.
8. Coming to the facts of the case, since the Corporation has taken a stand not to renew the permission to the advertisement agency, I direct respondents 1 to 3 in O.P. No. 4010 of 2002 to take further steps forthwith based on the requests of the Headmistress as contained in Exts. P3 and P4.
The Original Petitions are disposed of as above.
The registry will forward a copy of the judgment immediately to the Chief Secretary, Government of Kerala, Thiruvananthapuram for appropriate follow up action in the matter.