'Students Need A Break': Kerala High Court Refuses To Extend Interim Order Allowing Vacation Classes; Refers Matter To Division Bench

The Kerala High Court on Wednesday was of the considered opinion that the interim order passed by another Single Bench staying the operation of a GO prohibiting conduct of vacation classes, could not be extended as the same would be violative of the Kerala Education Rules. 

Rule 1 Chapter VII of the Kerala Education Rules (hereinafter, 'KER') mandates that all schools shall be closed for summer vacation every year on the last working day of March and reopened on the 1st working day of June unless otherwise notified by the Director. 

The Single Judge Bench of Justice P.V. Kunhikrishnan observed that the Director of General Education (DGE) had issued the impugned order stating that no classes shall be held during summer vacations in any of the schools due to the prevailing atmospheric temperature, and that the same was in tune with Rule 1 of Chapter VII of KER, thus not warranting the interference of the Court in invoking Article 226. 

Another Single Judge Bench of Justice A. Badharudeen, had earlier, stayed the impugned Order of the DGE and observed that vacation classes for students above the age of 14 years could not be disturbed without valid reasons. "...Classes during vacation, in fact, are aimed for the welfare and well-being of the students, for which PTA (Parent Teacher Association) also given consent. Therefore, classes provided during summer vacation, as consented by the school authorities and the parents and the students for the benefit of the students, need not be disturbed without valid reasons," Justice Badharudeen had said.

When the matter was listed for extension of this interim order before Justice Kunhikrishnan, he refused. He observed,

"After a hectic academic year, the students need a break. That is why the summer vacation is given to the students. The students should enjoy the vacations and rejuvenate for their next academic year. Holiday breaks allow the students to shift their focus from traditional study materials. They can reach to their other ambitions in extracurricular activities, which they are generally not able to address during the school year. Summer vacation is necessary to the students for spending time with their kith and kins and for a mental break. Concentrating on school books alone would not be sufficient for the children. Let them sing, let them dance, let them eat their favourite food leisurely without the fear of next day’s home work, let them enjoy their favourite television programmes, Let them play cricket, football or their favourite sports items and let them enjoy trips with their kith and kins. A hectic academic year is coming. Before that, a break is necessary for the student community. The students of 10th standard and Higher Secondary School definitely need a break before they enter their decisive academic year in their life. In such situation, I am of the considered opinion that the order passed by the DGE is the need of the hour."

Justice Kunhikrishnan also expressed disagreement with the dictum laid down by another single bench in ISS (English Medium) Senior Secondary School, Perinthalmanna v. State of Kerala [2018 (2) KHC 829] which held that if there is no objection from the parents, teachers and students, the special classes can be conducted during the summer vacation on condition that the school authorities will provide basic facilities.

He said the decision goes against the Kerala Education Rules and requires reconsideration.

The Court thus referred the matter to be heard by a Division bench and directed the Registry to place it before Acting Chief Justice.

"I am not inclined to extend the interim order. The petitioners can agitate their contention before the Division Bench. To facilitate the petitioners to agitate their claim immediately, the Registry will place this matter before the Hon'ble Acting Chief Justice forthwith for passing appropriate orders," the Court added. 

The petitioners were represented by Senior Advocate K.P. Satheesan and Advocates P. Mohandas, K. Sudhinkumar, Sabu Pullan, Gokul D. Sudhakaran, and R. Bhaskara Krishnan. Advocate Nirmal S. appeared on behalf of the CBSE and the Regional Director of CBSE. The respondent State authorities were represented by the Government Pleader. 

Case Title: Kerala CBSE School Management Association & Ors. v. State of Kerala & Ors. 

Click Here To Read/Download The Order