State Must Delicately Balance Academic Interest Of Child With Right To Recreation: Kerala HC Allows ICSE, CBSE Schools To Conduct Vacation Classes

The Division Bench comprising Justice A.Muhamed Mustaque and Justice M.A.Abdul Hakhim held thus:

“i. The State holds executive power to regulate summer vacation. However, this cannot be done based on the calendar prescribed in KER for non-KER schools. The State will have to balance academic interest of the child and their right to recreational activities in a delicate equilibrium.
ii. Taking note of the ensuing vacation, we permit all the schools other than the schools governed by KER calendar to hold vacation classes between 7.30 AM till 10.30 AM. Provided, this arrangement will be subject to future executive orders governing vacation classes.”

Background

In I.S.S (English Medium) Senior Secondary School, Perinthalmanna v. State of Kerala (2018), a single judge held that vacation classes could be conducted if school authorities would provide basic facilities and there was no objection from the parents, teachers and students. However, another single judge disagreed with the judgment in ISS (Supra) and stated that students require vacation for leisure and recreation.

Hence, whether vacation classes could be conducted during summer vacation by the Schools (CBSE, ICSE and other schools recognized under Kerala Education Rules) in Kerala was being considered by the Division Bench based on the reference order.

Non-KER Schools Not Bound By KER Calendar

The Court stated that Rule 1 of Chapter VII of KER provides that all schools shall be closed for the summer vacation on the last working day of March and reopen on first working day of June unless otherwise notified by the Director. It stated that schools affiliated with CBSE and ICSE Boards and not recognized under KER were not bound by the KER Calendar and could decide their calendars, school working time etc.

“Therefore, the school calendar prescribed under KER cannot be extended to CBSE, ICSE schools, etc….Such schools will not be considered recognized under the KER unless established or recognized in accordance with the Kerala Education Act or Rules. Therefore, they are not obliged to follow the calendar framed under KER”, stated the Court.

State's Parens Patriae Jurisdiction Invoked To Balance Academic Interest Of Child And Right To Recreation, Leisure

The Court stated that schools have raised a legitimate concern for keeping vacation classes otherwise they would experience a shortage of time for preparing the students for board exams.

On the other hand, the Court stated it was in the best interest of a child to get rest and leisure during summer vacation. It further stated that parents should not barter their child's right to rest and leisure by prioritising their academic interests alone. It added that children should also be equally engaged in cultural, artistic and leisure activities.

It stated that the State has to find a balance between both of these interests to protect the best interests of the child. It said, “The State also cannot ignore the fact that that the child cannot forgo their academic pursuits. However, how to balance children's academic pursuits and their right to recreational activities is a matter to be considered by the State.”

As such, the Court stated that statutory authorities under the KER cannot say that non-KER schools should not conduct schools during summer vacation to complete their syllabus. It also stated that the decision in ISS (Supra) is not good in law since recreational rights cannot be overlooked to achieve academic pursuits.

Accordingly, the Court stated that the state government can devise its own mechanisms to find a balance to protect the best interest of the child, encompassing both their academic pursuits as well as their right to recreation and rest.

Thus, the Court permitted non-KER schools such as CBSE, ICSE and schools not recognized under KER to conduct vacation classes.

Counsel for Petitioners: Senior Counsels Dr.K.P.Satheesan, Dhanya P.Ashokan and Advocate Isaac Kuruvilla Illikal

Counsel for Respondents: Standing Counsel S Nirmal, Special Government Pleader T B Hood

Citation: 2024 LiveLaw (Ker) 233

Case title: Kerala CBSE School Management Association (Regd) v State of Kerala

Case number: WP© NO. 15455 OF 2023 & Connected Cases

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