10 May 2023 2:20 PM GMT
The Kerala High Court on Tuesday stayed the order issued by the Kerala Government prohibiting conduct of vacation classes. The High Court observed that vacation classes for students above the age of 14 years could be conducted, and could not be disturbed without valid reasons. Staying the Government order for a period of two weeks, the Single Judge Bench of Justice A....
The Kerala High Court on Tuesday stayed the order issued by the Kerala Government prohibiting conduct of vacation classes. The High Court observed that vacation classes for students above the age of 14 years could be conducted, and could not be disturbed without valid reasons.
Staying the Government order for a period of two weeks, the Single Judge Bench of Justice A. Badharudeen observed,
"...classes during vacation, in fact, are aimed for the welfare and well-being of the students, for which PTA (Parent Teacher Association) also given consent. Therefore, classes provided during summer vacation, as consented by the school authorities and the parents and the students for the benefit of the students, need not be disturbed without valid reasons".
However, the Court clarified that if any parent had any objection in the said matter, the school authorities ought to consider the same and defer the vacation classes and that the interim order of the Court would not act as a rigour for the same.
The High Court passed the interim order in a writ petition filed by Kerala CBSE School Management Association.
It was the case of the petitioners that the impugned notification had to be stayed in view of the decision of the High Court in I.S.S. (English Medium) Senior Secondary School, Perinthalmanna v. State of Kerala & Ors. (2018), which had declared that vacation classes could be continued in strict vigilance by the competent authorities since the same were being conducted on the request and advice of parents and students of various schools for children above 14 years.
The Government Pleader on the other hand, opposed the grant of stay, arguing that the present order had been issued having regard to the present environmental conditions, and also to facilitate the enjoyment of vacation by the students. Advocate Nirmal S. appearing on behalf of the CBSE submitted that the conduct of vacation classes shall be at the helm of the Director of General Education and that the Regional Director of the CBSE nor the Board could be burdened for the same.
The Court noted that in this case, even a cursory reading of the impugned notification did not provide any specific reasons for stopping vacation classes, nor detailed the action that had been taken in light of the Court's earlier decision.
"In fact, prima facie, it appears that Ext.P4 (impugned Government Order) was issued without assigning any reason or without referring the judgments of this Court. Insofar as conduct of vacation classes, it has to be observed that when the parents and students, who are aspiring a bright future, give consent to attend vacation classes, the same need not be obstructed," it was observed.
The Court thus stayed the impugned order on the condition that the schools represented by the association of the writ petitioners could continue the vacation classes after ensuring proper facilities in the respective schools by providing sufficient numbers of fan at the class rooms and drinking water to adjust with the present environmental situation. It added that the final verdict of the writ petition would be rendered after hearing all the parties in detail.
The matter has been posted for further consideration after 10 days.
Senior Advocate K.P. Satheesan and Advocates P. Mohandas, K. Sudhinkumar, Sabu Pullan, Gokul D. Sudhakaran, and R. Bhaskara Krishnan appeared on behalf of the petitioners.
Case Title: Kerala CBSE School Management Association & Ors. v. State of Kerala & Ors.
Click Here To Read/Download The Order