Can't Use Children For Non-Educational Activities Like Govt's 'Nava Kerala Sadass': High Court

Reinforcing the fundamental right to education, the Kerala High Court has made it clear that schools and educational authorities can't compel children to participate in activities of non-educational colour, such as state government's 'Nava Kerala Sadass'.

The programme envisages direct interaction of top officials with the people and redressal of their grievances. Employees in public service and aided institutions are asked to participate in the program in the respective districts and ensure maximum participation of public, which has resulted in hindrance to the functioning of public offices, and educational institutions.

Justice Devan Ramachandran said,

"...the right to education is a constitutionally protected right, which enures to every student and child, notwithstanding their class, creed or status; and it is the duty of the Educational Authorities to protect this, rather than encourage them into activities, which are in non-educational color," the Court observed. 

The bench was seized with a plea moved by the President of the Muslim Students Federation, P.K. Navas, alleging that the State Educational Department had issued a statewide notification compelling students students from upper primary to higher secondary classes to participate in the 'Nava Kerala Sadass' programme, headed by the Chief Minister to ride from Manjeswaram to Thiruvananthapuram.

Court has warned the Head Masters and School Principals against subjecting their students to activities which are not part of their educational curriculum.

The petitioner averred that in a meeting was conducted by the district education officers, the head teachers were also asked to make necessary arrangements for the transportation of the students, and that a holiday could also be be declared for schools in each constituency, if so required. He submitted that the Deputy Director of Education, Malappuram (DDE, Malappuram), had thereafter issued an Order to district/deputy education officers to implement the matter in the notification. 

The petitioner added that school students were kept in the sun, on road side, and were seen shouting slogans in support of the Chief Minister, while passing the Nava Kerala bus. 

It is under such circumstances that the petitioner approached the Court seeking the Order issued by the DDE, Malappuram, to be quashed, and for a declaration to be issued that students would not be compelled to participate in the programme. Further, the petitioner also sought departmental action against the DDE, Malappuram. 

Additional Advocate General informed the Court that the impugned order was withdrawn on November 20 and added that no child would be forced or encouraged to participate in any event, in any of the districts in the State. 

The Court was also of the view that the DDE, Malappuram, did not have the jurisdiction or competence under any of the applicable Statutes, Rules or Regulations, to issue the afore order. 

"In any event, the use of children in such manner is not authorized under the Kerala Education Act or the Rules thereunder, under which alone, the said Authority can Act - he being the Deputy Director of Education," it said. 

It added that although as per the normal course, it would have closed the plea, in the present case, it felt necessary to clarify that Authorities do not abuse their powers in future.

The matter has thus been posted for further consideration on November 27.

The petitioner was represented by Advocates P.E. Sajal, and Ajas K.S. 

Case Title: P.K. Navas v. State of Kerala & Ors. 

Case Number: W.P. (C) No. 39398 OF 2023 

Click Here To Read/Download The Order