Kerala High Court Directs State To Draft Guidelines To Regulate Pre-Primary Childcare Institutions, Warns Delay Would Breach Its Directions
The Kerala High Court, on a recent occasion, directed the State government to urgently come up with draft regulations for regulating daycare centres, creches and other pre-primary educational institutions in tune with the assurance made by it in 2021.The Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. was dealing with a public interest litigation preferred by a lawyer...
The Kerala High Court, on a recent occasion, directed the State government to urgently come up with draft regulations for regulating daycare centres, creches and other pre-primary educational institutions in tune with the assurance made by it in 2021.
The Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. was dealing with a public interest litigation preferred by a lawyer and mother of a 4-year-old child, being concerned about the lack of uniformity and regulation in the early childhood education sector in India.
Referring to the judgment in Pretty Rachal Koshy v. Social Justice Department and Ors., which had recorded the government's assurance to issue an executive order to ensure regulation of daycare centres and creches within two months, the Court observed:
“Considering the fact that a direction was issued as far back as in 2021, we expect the completion of the draft guidelines to fructify into final guidelines to be issued in the public domain at the earliest.”
On Tuesday (November 18), in accordance with the Court's earlier direction, Dr. Sharmila Mary Joseph I.A.S., Principal Secretary, Women and Child Development Department, Dr. K. Vasuki I.A.S., Secretary, General Education Department had appeared online and submitted that framing of the draft guidelines is still under the works.
The Bench warned that any further delay in implementing the draft guidelines would not be ideal since the government would be in breach of the High Court's direction in Pretty Rachal Koshy v. Social Justice Department and Ors. It then orally told the officials to come up with a draft immediately, within 2 weeks.
“If it can be issued within 2 weeks, you go ahead with it. You can say that for the time being, the policy is this. Later on, you can always change. Otherwise, the State is in breach of the directions of this Court,” Chief Justice Jamdar orally added.
The case is posted next on December 2.
The petition is moved by Advocates Leo Lukose, Enoch David Simon Joel, S. Sreedev, Rony Jose, Karol Mathews Sebastian Alencherry, Derick Mathai Saji, Karan Scaria Abraham and Ittoop Joy Thattil.
Case No: WP(PIL) No. 126/2025
Case Title: Mehna Ibrahim v. State of Kerala