Kerala High Court Stays Operation Of State Child Rights Commission’s Order Banning Tuition Classes At Night

Justice T.R.Ravi issued notice to the respondents and directed that there will be an interim stay on the order passed by the State Child Rights Commission on the banning of tuition classes at night.

“There will be an interim stay of operation of Ext.P1 in so far it relates to the conduct of tuition during the night.”

The plea has been moved by the General Secretary of a Welfare organization For Tutorials and Teachers in Kerala. The State Commission for Protection of Child Rights issued an order dated August 04, 2023 banning recreational trips and night tuition classes conducted by tuition centers.

The plea states that most of the students who are backward in their studies, ordinary students, government school students and students in open school category also depend upon tuition centers for their classes. It is submitted that complete ban on night classes will violate children’s right to study for long hours. The plea states that night classes were arranged for the benefit of students in tuition centers, after taking permission from their parents.

“It is an admitted fact that even children who are backward in their studies achieve high success in SSLC and Higher Secondary Public Examinations of the state due to the provision of such classes. Our children are competing not only with the children of Kerala, but also with the children of India and the world.”, the plea stated.

It is also submitted that tours and trips are conducted even by religious youth student associations and other student clubs. The plea states that completely banning night classes and recreational trips by tuition centers thus violates their right to Equality.

The plea states that State Commission for Protection of Child Rights has no authority to issue an order banning night study classes or recreational trips conducted by tuition centers as they are only empowered to make recommendations to government.

The petitioner was represented by Advocate Syam J Sam

Case title: Sujesh G.K. v State of Kerala

Case number: W.P(C).No. 33188 of 2023