School Property Intended Only For 'Intellectual Enrichment': Kerala HC Rejects Plea To Host Religious Function In Govt School Auditorium

The petitioner SNDP Yogam Sakha approached the Court seeking permission to use Open Air Auditorium of a Government High School for a religious function attached to a temple.

Justice Devan Ramachandran stated that schools are temples of learning and government schools cannot be used for any other activities other than for students' intellectual and overall development.

“Government Schools are ones, normally, accessed by children of ordinary citizens and it is the collective responsibility of the community and the Government to ensure that they are raised to the highest levels of excellence possible. This can be done only if there is a commitment to education, ensuring every facility to each student, no matter what financial strata he/she belongs to. The feeling that Government Schools can be used for any purpose, since it is a collective property, is a thought of the past and cannot be countenanced in the modern era, particularly when, all over the world, such schools are now reaching the zeniths of educational excellence, preparing its students to be the citizens of future.”

The Government Pleader submitted that the activity would only be conducted after school hours. The Court was also apprised from certain photographs that in the past, the school ground has been used by other organizations for conducting various activities.

The Court stated that it was non-negotiable that school properties especially school grounds could only be used for the benefit of students and not for any other purposes.

It said, “How facilities of schools, particularly of Government Schools, are allowed to be used by other entities/organizations for functions which are unrelated to the benefit of the students, is something which requires deep thought and reflection.”

At this juncture, the Government Pleader submitted in accord with the concern of the Court and prayed that the writ petition be dismissed. The Government Pleader submitted that he was unaware of previous allegations regarding the use of school ground for other activities.

The Court thus upheld the order of the headmistress of the school denying the permission to conduct a religious function at the school auditorium. It also directed the school headmistress to submit a report regarding the use of the school for other activities in the past. It directed the Registry to list the matter before the Court along with the report and dismissed the writ petition.

Counsel for Petitioner: Advocates R Sunil Kumar, A Salini Lal

Counsel for Respondents: Government Pleader Sunil Kumar Kuriakose

Citation: 2024 LiveLaw Ker 291

Case Title: SNDP Yogam Sakha No: 982 v State of Kerala

Case Number: WP(C) No. 4955 OF 2024

Click here to read/download Judgment