Kerala High Court
Jacob John vs State Of Kerala on 8 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.29032 OF 2020(D)
PETITIONER:
JACOB JOHN,
AGED 44 YEARS,
S/O. JOHN XAVIOUR, J S BHAVANAM,
GOOD SHEPHERD HOME, VADAKKUMBHAGOM, CHAVARA SOUTH,
KOLLAM, 691 584.
BY ADVS.
SRI.JOHNSON GOMEZ
SRI.BASIL AJITH
SHRI.JOHN GOMEZ
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED THROUGH ITS PRINCIPAL SECRETARY, DISASTER
MANAGEMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001.
2 PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT,
TRIVANDRUM - 695 001.
BY ADV. SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29032 OF 2020(D)
2
JUDGMENT
Petitioner, who claims that his
daughter Amala Jain Jacob, is a student of 9 th
standard in a Government Higher Secondary
School at Chavara, seeks a direction to the
Government of Kerala to permit re-opening and
functioning of Schools and Technical
Educational Institutions.
2. The petitioner states that Ext.P1
order issued by Government on 24.11.2020 by
which other educational institutions except
schools and technical education institutions
were allowed to function is in violation of
Article 14 of the Constitution of India. The
next contention of the petitioner is that the
students are prevented from meeting their
teachers and clear their doubts or seek
assistance for studying their portions and
WP(C).No.29032 OF 2020(D)
that they have to rely on unpredictable
internet connections for pursuing their
education and they are left with less equipped
means to prepare for year-end exams for the
promotion to the next academic year.
3. The learned Government Pleader points
out that the Government has been issuing
orders from time to time taking stock of the
situation; even in Ext.P1 the number of
students, who are permitted to attend, was
restricted to a maximum of 100 while relaxing
the COVID protocol. It is stated that the High
Level Committee under the Chief Minister had
in its meeting held on 17.12.2020 decided that
students of 10th and 12th standard would be
permitted to attend the Schools from
01.01.2021, with the permission of their
parents, in order to prepare for them to
appear in the public examination to be held in
WP(C).No.29032 OF 2020(D)
March 2021, to clear their doubts in
continuation of the digital classes, to
prepare them for model examination, etc
strictly in accordance with the COVID
protocol. Director of General Education, as
per his letter dated 24.12.2020 addressed to
the Heads of the Schools, forwarded the
guidelines containing the precautionary
measures to be taken by all the stake holders
including the teachers as well as the
students. In order to observe physical
distancing, sanitisation, etc, they are
directed to arrange the classes in different
batches with different duration, after
constituting a COVID cell, comprising of
personnel from Police department as well as
local bodies, which has to submit daily
surveillance report in the prescribed form.
4. Thus classes for 10th and 12th standard
WP(C).No.29032 OF 2020(D)
of the schools under the General Educational
Department as well as students of the Colleges
have already been permitted to function with
strict restrictions, that too in different
batches and different timings for the students
of the very same class.
5. In the circumstances of the case it
is clear that the Government had issued orders
closing Schools due to the outbreak of the
COVID-19 pandemic, in the larger interest of
public which includes students community also,
to arrest the spread/super spread in view of
such unprecedented and extra ordinary
situations that have arisen affecting the
health of the people in the whole world. Right
from April, 2020, orders are being issued by
the Central and State Governments in
relaxation of orders on lock down, having
regard to the situation prevailing in the
WP(C).No.29032 OF 2020(D)
country, based on the opinion of the experts
in the field. It can be noticed that as far
as Kerala is concerned, the number of positive
cases in the state even as on today is more
than 5000. Apart from that reports are there,
as to cases affected by new variants of Corona
Virus while steps are afoot for starting
vaccination also. Both the central and State
government are striving for the revival of the
pre-covid state, step by step. The contention
of the petitioner relying on Article 14 of the
Constitution of India is absolutely untenable.
I am of the view that when the
authorities, who are equipped with the
expertise in these matters are issuing orders
relaxing the restrictions at regular
intervals, a decision as to when the schools
can start functioning in its full swing,
protecting the interest of all concerned would
WP(C).No.29032 OF 2020(D)
also be issued by them, in accordance with the
prevailing conditions. In order to protect the
right of the children, Government has already
taken possible steps by conducting classes
through digital media. There is no reason for
any doubt that Government would not come
forward with orders for re-opening of the
Schools as and when the situation becomes
normal/ ensuring the protection of the health
of the children. Therefore I am of the
considered view that interference by this
Court under Article 226 is absolutely
unwarranted.
The writ petition is accordingly
dismissed. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.29032 OF 2020(D)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 G.O. (RT.) NO.947/2020/DMD DATED 24.11.2020
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P1(A) TRUE TRANSLATION OF EXHIBIT P1.
EXHIBIT P2 REPRESENTATION OF THE PETITIONER DATED
21.12.2020 TO THE 1ST RESPONDENT THROUGH
EMAIL.
