Music Important For Child Development, Govt Must Consider Regular Music Teachers’ Post In Schools Irrespective Of Student Strength: Kerala High Court

The Kerala High Court recently recommended the Government to consider sanctioning regular Music teachers’ post in all schools, at least in primary section, irrespective of the student’s strength or number of periods.

The Court made the above recommendation, while considering the case of a Music teacher, who was forced to fight throughout her service to get a full-time post of, after completing five years in the part time post.

"Currently, the Music teacher’s post is sanctioned based on number of students in a school, number of periods etc. If the strength of students in one school is less, then the post of Music teacher will not be sanctioned in that school. This in reality is a discrimination to the student community because if a student is studying in a school where there is less number of students they will not get the help of a Music teacher when compared to the students of another school where there is a post of Music teacher solely because the number of students in that school is high. What sin is committed by a student for denying Music solely because he/she is studying in a school with less than the required number of students? The student’s strength or number periods in a school ought not have been a criteria for sanctioning at least for the post of Music teacher. Similarly additional financial liability to the state also should not be a reason for not sanctioning the post of music teachers in schools because the future of this nation is in the hands of the children", the Single Judge Bench of Justice P.V. Kunhikrishnan observed. 

Noting that the same was a policy decision to be taken by the Government and that the Court could not issue any specific direction to sanction the post of music teacher in all schools by invoking the powers under Article 226 of the Constitution, the Court went on to add,

"But the government should think about it seriously. I am sure that the government will rise to the occasion because the happiness and development of the mental health of every child is important in a welfare state". 

The factual matrix reveals that the petitioner had been appointed by the LMS Schools management (3rd respondent herein) as a Part Time Instrumental Music Teacher with effect from January 2, 1992. When a retirement vacancy arose on March 30, 1999 for the post of Full Time Music Teacher, the petitioner requested the 3rd respondent to appoint her by promotion as per the provisions of Rule 43, Chapter XIV(A) of the Kerala Education Rules, 1959 (hereinafter 'KER'). The petitioner's application was rejected and one D.Sarojakumari from Parasala School was promoted to the existing vacancy.

After a round of litigation disputing this arrangement, the State government (1st respondent) passed an order declaring that Part Time Music Teachers working in certain schools are entitled for promotion as Full Time, on completing 5 years service. When the petitioner submitted her application to the 2nd respondent in this regard, the same was rejected on the ground that she had only worked for 3 days in a week.

It was thus the case of the petitioner that nowhere does the orders issued by the Government indicate that a Part Time Music Teacher who has only worked 3 days per week is not entitled for the benefits of the Government Order. She pointed out that she was working for 9 hours a week. The petitioner further pointed out that another teacher, who was junior to the petitioner, who had also been working 9 hours per week during the period of her service, was given the benefit. 

Findings of the Court

The Court in this case found merit in the contentions of the petitioner that the Government Orders had not mentioned the teachers who worked only 3 days in a week would not be entitled to the benefit of Full Time Teacher. The Court also took note of the fact that the petitioner was going to retire March 31, 2023, and thus directed the State government to pass orders such that the petitioner could retire from service as a Full Time Teacher with retrospective effect for the post she had been fighting for during her entire period of service.

"In Carnatic Music, the term ‘Mangalam’ indicates the wrapping up a concert with an auspicious ending with an auspicious ragam. Usually chosen ragas for “Mangalam’ by musicians are like “Sourashtram”, “Sree Ragam”, “Madhyamavathi”, “surutti” etc. Let the petitioner, who is going to retire from service as a music teacher this year, retire with full of joy and also by reciting a beautiful “Mangalam” in any of the ragam like “Sorashtram” or “Sree Ragam” or “Madhyamavathi”, or “surutti” at her farewell function from the school," the Court declared while allowing the petition. 

The Court further directed the respondents to take necessary steps to disburse all service benefits such as grade promotion, salary increase, arrears of salary, and so on to the petitioner in terms of the Government Order, expeditiously, within a period of three months from the date on which the promotion was effected by the State Government.

The Court also directed the Registry to forward a copy of the judgment to the State Government for taking appropriate decision with respect to its recommendation on the sanctioning of regular Music teachers’ post in all schools.

"Studies show that, Music has got serious importance in child development...Music develops language skills as song lyrics are rooted in various languages. Music can affect the emotions of the child. Singing, dancing, clapping etc. in a class room will definitely improve the self- confidence of a child. It will encourage team work. Therefore, the Government should seriously think about the sanctioning of regular Music teachers’ post in all schools, at least in primary section, irrespective of the student’s strength or number of periods," the bench observed.

The petitioner was represented by Advocate N. James Koshy. Government Pleader K.M. Faisal appeared on behalf of the respondents. 

Case Title: R. Helan Thilakom v. State of Kerala & Ors. 

Citation: 2023 LiveLaw (Ker) 108

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