Don't Commence Vacation Classes Without Court Permission: Kerala High Court To Unaided Minority School
The Principal of an unaided minority senior secondary school has approached the Kerala High Court seeking permission to conduct vacation classes in May for standards IX to XII.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen stated that classes cannot be commenced without obtaining orders from the Court. “If the petitioners want to intimate the...
The Principal of an unaided minority senior secondary school has approached the Kerala High Court seeking permission to conduct vacation classes in May for standards IX to XII.
The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen stated that classes cannot be commenced without obtaining orders from the Court.
“If the petitioners want to intimate the students about the commencement of the vacation class, they are free to do so. However, the commencement of the vacation class shall only be after obtaining the orders from this Court. The petitioners, therefore, are free to intimate the staff as well as the students”, stated the Court.
The Principal submitted that the discretion regarding giving vacation was with the school. It was argued that the Kerala Education Act and Kerala Education Rules were not applicable for schools affiliated with CBSE and CISCE syllabus as per the Division Bench decision in Sandhya V Nar v State of Kerala (2019). However, it was submitted that the school was not in a position to conduct vacation classes due to an Order dated May 03, 2023, issued by the Director of General Education restricting classes during vacation. This Order was based on an earlier circular issued in 2017.
It was submitted that all the portions of students were to be completed before the end of November, so that they get ample time for revision and preparation of exams. It was argued that if classes were not conducted in May, there will be pressure on the teachers and students regarding the completion of syllabus which would affect their performance in the board exams.
It was submitted that several working days will be lost due to hartals and other holidays declared by the State Government. The plea also stated that many school working days will also be lost due to sports day, annual day, cultural competitions, picnics etc.
Thus, the plea was moved seeking permission to conduct classes in May to attain minimum working hours to complete the syllabus before the board exams.
Yesterday when the matter came up for consideration, the Division Bench comprising Justice A. Muhamed Mustaque and Justice M A Abdul Hakhim posted it for a statement of the State Government. It will be heard on 1st April (Monday).
The Plea was moved by Advocates Isaac Kuruvilla Illikal and Baby Issac Illickal.
Case title: Principal v State of Kerala & Connected Cases
Case number: WP(C) NO. 1931 OF 2024 & Connected Cases