Kerala High Court Questions Circular Mandating Local Body Approval For Introducing Co-Education In Single Gender Schools

The Kerala High Court recently questioned a government circular that mandates approval of local-self body for introducing co-education scheme in single gender schools since it prescribes no procedure that has to be followed by the body.Justice K.V. Jayakumar was considering a writ petition filed by Muslim Girls' Higher Secondary School, Erattupetta challenging a government circular that insists on local body approval for introducing co-education in single-gender schools.The petitioner school contended that Clause (4) in the impugned circular that mandates the approval is arbitrary and unenforceable since the same is not statutorily backed by the Municipality Act or the Kerala Education Rules.It was also pointed out that since there are no guidelines or procedures prescribed in the circular for granting approval, the power granted is arbitrary. It was submitted before Court that even though the school submitted a representation before the Secretary of the Municipality concerned, there was no positive response. The school then preferred another writ petition (WP(C) No. 10617/2026) and it was disposed of with a direction to the Municipality's Secretary to consider the school's application and pass orders. However, since the direction was not complied with, the petitioner school has approached the High Court once again.The Municipality's standing counsel submitted that though there is no serious objection for granting approval, there are some complaints from neighbouring schools in this regard. It was also told that there is a pending writ petition that is challenging the introduction of co-education.After hearing the parties, the Court examined the circular challenged and remarked:“it is made clear that the policy of the Government is to promote co-education…Certain guidelines were issued in…circular to ensure the necessary infrastructure, including furniture and facilities such as drinking water, separate toilet facilities for boys and girls, playground, and so on. But, however, I am unable fathom why clause (4) insists an approval from the concerned local authority. What is the role of local authority in converting girls only school to mixed school or a boys only school to mixed school is not clear from the above circular. It is pertinent to note that, even though Clause (4) insists on approval from the local authority, no procedure such as inspection, etc., is provided in the guidelines. The vesting of blanket powers with an authority without prescribing the procedures to be followed by such authority, would lead to arbitray exercise of powers.”The Court, thereafter, went on to direct the Secretary of Erattupetta Municipality to grant approval for introducing co-education scheme in a girls-only school within 3 days of its judgment. It further clarified that in case the Secretary fails to grant approval within 3 days, the school management can proceed with the conversion even without the Municipality's approval.Case No: WP(C) No. 15783 of 2026Case Title: Muslim Girls' Higher Secondary School v. State of Kerala and Ors.Citation: 2026 LiveLaw (Ker) 231Counsel for the petitioner: C.S. Ajith Prakash, Ancy Thankachan, Sahala FathimaCounsel for the respondents: Sunil V. Mohammed – Standing Counsel – Erattupetta Municipality, Jessy S Salim – Government PleaderClick to Read/Download Judgment

Kerala High Court Questions Circular Mandating Local Body Approval For Introducing Co-Education In Single Gender Schools

K. Salma Jennath

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K. Salma Jennath

Kerala High Court Questions Circular Mandating Local Body Approval For Introducing Co-Education In Single Gender Schools

K. Salma Jennath

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K. Salma Jennath

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