Kerala High Court
I.S.S. (English Medium) Senior ... vs State Of Kerala on 24 February, 2018
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 4TH DAY OF MAY 2018 / 14TH VAISAKHA, 1940
WP(C).No. 14823 of 2018
PETITIONER :
I.S.S. (ENGLISH MEDIUM) SENIOR SECONDARY SCHOOL,
PERINTHALMANNA, P.O.PONNIAKURUSSI,
MALAPPURAM DISTRICT, REP. BY ITS PRINCIPAL.
BY ADV.SRI.U.K.DEVIDAS
RESPONDENTS :
1. STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS,
T.C NO.14/2036, VANROSS JUNCTION,
KERALA UNIVERSITY P.O., THIRUVANANTHAPURAM - 695 034,
REP. BY ITS REGISTRAR.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
STATE OF KERALA,
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THYCAUD, THIRUVANANTHAPURAM - 695 014.
4. THE CENTRAL BOARD OF SECONDARY EDUCATION,
2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 301,
REP. BY CHAIRMAN.
5. THE REGIONAL OFFICER,
CBSE REGIONAL OFFICE,
BLOCK -B, 2ND FLOOR,
LIC DIVISIONAL OFFICE CAMPUS,
PATTOM, THIRUVANANTHAPURAM - 695 004.
R1-R3 BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM
R4 & R5 BY SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04-05-2018, ALONG WITH WPC.14822/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 14823 of 2018 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER CRMP
NO.4692/09/L.A2/2017/KESCPCR DATED 24/2/2018 PASSED
BY THE SECOND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE CIRCULAR DATED 31/3/2018 ISSUED
BY THE THIRD RESPONDENT
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 17/3/2017 IN WPC
NO.7177/2017 BY THE HONOURABLE COURT
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 8/2/2018 IN WPC
NO.3689/2018 BY THIS HONOURABLE COURT
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 23/4/2018 BY THE
PETITIONER TO THE FIFTH RESPONDENT
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
7.5.2018
Devan Ramachandran, J.
----------------------------------------------------------------------------
W.P.(C)Nos.14822, 14823, 14838, 14862, 14918,
14916, 14920, 14950, 14963, 14984, 15028, 15029,
15043, 15044, 15048, 15049, 15055, 15073, 15077,
15078, 15079, 15080, 15105, 15155 & 15165 of 2018
-----------------------------------------------------------------------------
Dated this the 4th day of May, 2018
JUDGMENT
The Managements, Parent Teacher Association and students of some of the schools in Kerala imparting education under the State syllabus as well as CBSE and ICSE have filed these writ petitions impugning the order passed by the Kerala Commission for Protection of Child Rights recommending that none of the schools be allowed to conduct additional classes for the children who are studying in the 9 th to 12th standards during the notified summer recess 2018.
2. The petitioners allege that the recommendation of the Commission was made to the Director of Public Instructions (DPI), who consequentially issued a Circular dated 31.03.2018 directing that such additional classes cannot be conducted by any schools in Kerala and cautioning that any violation of the Circular will visit the schools with strict consequences. The petitioners assert that the additional WPC 14822/18 & con. cases 2 classes during the summer recess has been, in fact, requisitioned by the parents and students of the schools and there is no compulsion that any student participate in the classes voluntarily. In effect, the petitioners' case is that the proposed conduct of the summer classes are strictly as per the desire of the students themselves and they, therefore, contend that the Circular of the DPI is illegal and unlawful.
3. I notice that the petitioners have taken a legal contention that the recommendation of the Child Rights Commission and the Circular issued by the DPI, even if found to be legally tenable, could not apply to those students who are studying in classes above 8 th standard, since as per the provisions of the Protection of Child Rights Act, under which the Commission has been constituted, it would apply only to those children belong to the age group up to fourteen years.
4. I also see that similar matters were filed before this Court in the previous academic year and that several orders were issued permitting conduct of summer classes subject to the approval of the CBSE/ICSE and the competent educational authorities.
WPC 14822/18 & con. cases 3
5. Since conduct of summer classes are at the request and advice of the parents and students of the various schools and classes are being conducted only for classes 11 upwards, I cannot see any reason why either the Child Rights Commission or the DPI should interdict such classes. The classes, it is stated, are conducted for the benefit of the students to provide them necessary impetus for excellence in future and to finish the vast portions, thus equipping them better in completing the syllabi effectively. Since there is no case for anyone that the students are compelled to sit in vacation classes against their desire and since I cannot find anything stated in the Circular of the DPI or the recommendation of the students intent not to sit in such additional classes, I deem it appropriate to order this writ petition allowing the schools involved in these cases to conduct additional classes during the summer recess 2018, however, in strict vigilance by the competent educational authorities and the CBSE/ICSE, as the case may be. I order accordingly.
WPC 14822/18 & con. cases 4
6. I make it clear that if any complaint is raised by any student or parent against conduct of such classes, it shall be taken due notice by the competent authorities and appropriate instructions issued to the respective schools.
The writ petitions are thus ordered.
Sd/-
Devan Ramachandran, Judge tkv