Kerala High Court
Bro.Regy Scaria vs The State Of Kerala on 7 May, 2019
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941
WP(C).No. 13074 of 2019
PETITIONER/S:
BRO.REGY SCARIA, AGED 41 YEARS
PRINCIPAL, MARYGIRI ENGLISH MEDIUM SCHOOL,
KOOTTUMUGHAM P.O, SREEKANDAPURAM, KANNUR-670631.
BY ADV. SRI.A.C.VENUGOPAL
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE-II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTITUTION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 DIRECTOR OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDING, SHANTINAGAR,
THIRUVANANTHAPURAM-695001.
4 CENTRAL BOARD OF SECONDARY EDUCATION(CBSE)
REPRESENTED BY ITS SECRETARY, VIKAS MARG,
C. BLOCK, PREETH VIHAR, NEW DELHI-110062.
5 JOINT SECRETARY AND REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION(CBSE),
II FLOOR, BLOCK B. LIC DIVISIONAL OFFICE CAMPUS,
PATTOM, THIRUVANANTHAPURAM-695003.
6 KERALA STATE COMMISSIONER FOR PROTECTION OF
CHILD RIGHT, REPRESENTED BY ITS REGISTRAR,
T.C.14/2036, VANROOSS JUNCTION, P.O, KERALA
UNIVERSITY, THIRUVANANTHAPURAM-695034.
BY ADVS.
SRI JAFFER KHAN Y-GOVERNMENT PLEADER
SRI NIRMAL S-STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is the Principal of an unaided School affiliated to Central Board of Secondary Education (CBSE). He seeks to conduct classes during summer holidays for students of standards IX, X and XII.
2. The Government has issued a circular dated 29.03.2019 restraining the Schools including those affiliated to CBSE, CISCE etc. and all Government aided/unaided Lower Primary, Upper Primary, High School, Higher Secondary, Vocational Higher Secondary Schools from conducting classes during summer holidays. This circular has been issued on 29.03.2019 referring to the letter dated 29.03.2019 received from the Director of Public Instructions (DPI) and the order dated 24.02.2018 in C.R.M.P No.4692/09/L.A2/2017 of the Child Rights Commission and in view of the warning from the Disaster Management Authority in view of the WPC 13074/19 3 extreme climatic condition involving scorching heat by which there is acute scarcity of water, apart from other casualties. However, it is provided that camps for the children, workshops etc., can be conducted for a maximum period of ten days with prior permission of the Educational Officer concerned; the officer shall grant such permission only after conducting an inspection and on being satisfied that all facilities like pure drinking water, food, fan, first aid, toilet etc., are provided to the children. It is also directed that those who are organizing such camps should see that none of the children are exposed to scorching sun. The educational Officers are given strict instructions to see that the directions in the circular are not violated.
3. The petitioner points out that there had been loss of large number of school days during the last academic year on account of various WPC 13074/19 4 reasons like bandhs, hartals, general strike, declaration of additional holidays, apart from the unprecedented natural disaster in the form of flood. Thus the number of working days in the last academic year was considerably reduced. It is therefore, the case of the petitioner that unless they are permitted to take classes during summer holidays, it would not be possible to complete the syllabus and hence to impart them with proper training to appear in the public examinations.
4. This Court has already disposed of several cases by judgments dated 05.04.2019 and 08.4.2019 directing the consideration of the request for conduct of vacation classes by the CBSE. It had been held that if the School authorities as well as the PTA have made a request after ensuring all safeguards for meeting the unprecedented weather conditions not only to the students but also to the teachers WPC 13074/19 5 and all those involved in conducting vacation classes, it is liable to be considered by the competent authorities under the CBSE. As the Government circular itself provides for conducting of summer camps for a period of ten days, even without interfering with the Government circular, there can be a direction to the competent authorities under the CBSE to consider the request of the petitioner to conduct classes during summer vacation and to take a decision after verifying the facilities provided in each of the schools on a case to case basis.
5. Therefore, this writ petition is disposed of, with the following directions :
(i) The Principal of the school shall approach the Regional Director of CBSE with due application for permission to conduct vacation classes within one week.
(ii) The details regarding the safeguards
adopted to meet the extreme
WPC 13074/19
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climatic conditions like facilities for pure drinking water, first aid, food, availability of water in the toilets for the students as well as the teachers, facilities in the class rooms and the premises for protection from the extreme heat;
the dates on which the classes are proposed; schedule of class hours, the transportation made available to the students, etc., shall be furnished in such application.
(iii) The application of the Principal shall be submitted along with the resolution of the PTA in respect of conducting of vacation classes despite the adverse weather conditions and declaration of the authorised representative of the management of the schools in respect of the facilities they are providing for the students as well as teachers to meet the climatic conditions.
(iv) The Regional Director shall
thereafter consider such
application with reference to the
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facilities provided/assured and
having regard to the requirement of the classes to be conducted as against the number of teaching days lost in the previous academic year and take appropriate decision in respect of the school within a period of 10 days from the date of receipt of such applications or date of receipt of a copy of the judgment, in case, where applications with all accompanying documents as directed are already submitted. At any rate, the permission need be granted only for a maximum period of 20 days. The Regional Director would be free to impose such conditions to ensure the safeguards in tune with the alerts of the State Disaster Management Authority, in order to protect the children as well as all involved in conducting the classes.
(v) On the basis of such permission being granted the petitioner would be free to conduct classes during summer vacation.
WPC 13074/198
(vi) The Government circular issued on 29.03.2019 shall not stand in the way of granting the aforesaid permission and conducting of classes in tune with such permission.
Sd/-
ANU SIVARAMAN
RR JUDGE
WPC 13074/19
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
AFFILIATION ISSUED BY CBSE TO THE SCHOOL.
EXHIBIT P2 TRUE COPY OF THE RESOLUTION PASSED BY THE PARENT TEACHER ASSOCIATION DATED 13.04.2019.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.G3/138/2019/G.EDN ISSUED BY THE 1ST RESPONDENT DATED 29.03.2019. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WRIT PETITIONS NO.10123,10557, 10564,10704, 10848 AND 10893 OF 2019 DATED 05.04.2019.
EXHIBIT P5 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER TO THE 5TH RESPONDENT DATED 13.4.2019.