Kerala High Court
Prakash N vs G.W.L.P. School, Thevayoor South on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
"C.R."
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 19170 OF 2014
PETITIONERS:
1 PRAKASH N
S/O.NANU, FARMER, KADUKATHITTA VEED,
THUVAYOOR SOUTH P.O., KADAMPANAD VILLAGE,
PANTHALAM, PATHANAMTHITTA, PIN-691552.
2 RAJANI R.
W/O.SUNILKUMAR, SREELAKAM,
THUVAYOOR SOUTH P.O., KADAMPANAD VILLAGE,
PANTHALAM, PATHANAMTHITTA, PIN-691552.
BY ADVS.SRI.SHIJU VARGHEESE
SRI.A.C.EAPEN
RESPONDENTS:
1 G.W.L.P.(GOVERNMENT WELFARE LOWER PRIMARY) SCHOOL,
THEVAYOOR SOUTH
PANDIMALAPPURAM THUVAYOOR SOUTH P.O.,
KADAPAD VILLAGE, PANTHALAM,
PATHANAMTHITTA, PIN-691552
REPRESENTED BY ITS HEAD MISTRESS.
2 DISTRICT PANCHAYATH
PATHANAMTHITTA, PATHANAMTHITTA P.O.,
PIN-689645 REPRESENTED BY ITS SECRETARY.
3 KADAMPANAD GRAMA PANCHAYAT
KADAMPANAD SOUTH P.O., PATHANAMTHITTA DISTRICT,
PIN-691553, REPRESENTED BY ITS SECRETARY
(SPECIAL GRADE)
4 ASSISTANT ENGINEER
WATER AUTHORITY, ADOOR DIVISION,
PATHANAMTHITTA, PIN-689645.
5 ASSISTANT EDUCATION OFFICER,
ADOOR, PATHANAMTHITTA,
PANTHANAMTHITTA P.O., PIN 689 645
6 DEPUTY DIRECTOR OF EDUCATION,
THIRUVALLA, PATHANAMTHITTA P O, PIN 689 645
WP(C).No.19170/2014
2
7 THE DISTRICT COLLECTOR,
PATHANAMTHITTA, PATHANAMTHITTA P O,
PIN 686 645
BY ADVS.
SRI.ANOOP.V.NAIR
SRI.M.R.JAYAPRASAD
SRI.P.MOHANDAS ERNAKULAM
DR.K.P.SATHEESAN SR.
SRI.SIDDHARTH KRISHNAN
SRI.JOSEPH JOHN, SC, KERALA WATER AUTHORITY
SRI.S.VIBHEESHANAN
OTHER PRESENT:
SRI.PRINCY XAVIER, SR.GP
SRI.V.V.JOSHI, SC
SRI.VARGHESE M.EASOW, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.19170/2014
3
"C.R."
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.19170 of 2014
----------------------------------------------
Dated this the 11th day of April, 2024
JUDGMENT
A playground in a school is a part and parcel of the
school. Without a playground, there cannot be a school.
The education of the children is not in the classroom
alone; it should spread to the playground as well.
Playgrounds are the ultimate classroom where children
learn through play. The playground is where the children
can themselves shine mentally and physically.
2. The above writ petition is filed by the President
of the Parent Teachers Association and the Managing
Committee Member of the Government Welfare Lower
Primary School, Thevayoor South, Pathanamthitta, with
following prayers:
i. Issue a Writ of mandamus or any other Writ, Order
or Direction, restraining the respondents 2 and 3
from constructing water tank or such other
constructions without the permission of the
educational authorities with in the compound of
the 1st respondent school;
ii. cost of the proceedings; and
iii. Issue such other writs, orders or directions as this
Hon'ble Court may be pleased to deem fit and
proper to grant.
(SIC)
3. The petitioners were forced to file this writ
petition when there was an attempt from respondents 2
and 3 to construct a water tank in the school ground
without obtaining permission from the school authorities
or higher authorities. The petitioners produced Ext.P13
photographs to show that the construction activities have
already started in the playground of the school. At that
stage this writ petition was filed. Now it is conceded by
both sides that the proposal to construct the water tank is
dropped and there is no grievance to the petitioners.
Therefore, the prayers in this writ petition are in effect
infructuous.
4. But, before closing this writ petition, it is to be
reminded to the authorities about the importance of
playground in a school. Chapter IV Rule 1 of the Kerala
Education Rules (for short, KER) deals with the
establishment and maintenance of schools. Chapter IV
Rule 1 KER says about the minimum site area necessary
for Lower Primary Schools, Upper Primary Schools with or
without Lower Primary Section, Secondary Schools (High
Schools) with or without Primary Section, Higher
Secondary Schools with or without Primary Section and
Training Schools with or without Model Schools. Chapter IV
Rule 3 KER deals with playground and garden. It will be
better to extract Chapter IV Rule 3 KER:
"Playground and Garden -
(1) The sites should be provided with compound
walls or good fencing.
(2) Every school shall have suitable playgrounds
for games and sports. The site should contain
sufficient clear space for the purpose.
(3) The compound should be kept fairly levelled
and clear of rank vegetation.
(4) The Manager and Head of every school should
put forth their best efforts for laying out
gardens in the premises. Efforts also should be
made for planting suitable trees in the school
compound so that pupils may play and rest
under them during leisure hours. Care should
be taken to see that trees are so planted as
not to (a) reduce unduly the space available
for play, and (b) obstruct the entry of the light
into the class rooms or in course of time cause
damage to the structure."
5. Chapter IV Rule 3(2) says that every school shall
have suitable playgrounds for games and sports. The site
should contain sufficient clear space for the purpose. But
the extent of the playground necessary in different types
of schools mentioned in Chapter IV Rule 1 KER is not
separately given in Chapter IV Rule 3(2) KER. It seems
that taking advantage of this, some of the schools are not
maintaining suitable playgrounds for games and sports
with sufficient clear space. The Right of Children to Free
and Compulsory Education Act (for short, the Right to
Education Act) also does not specify the area needed for
playground. Serial No.2 of Schedule to the Right to
Education Act, expressly states about specification of
building required for establishing a school. There also, the
area needed for a playground is not specifically
mentioned. It only mentions that there should be a
playground for the school.
6. But, as far as the affiliation of schools as per
CBSE, ISCE, etc., it is clearly stated about the extent of the
playground. In State of Kerala & Another v. Manager,
Mahatma Public School, Kottackakom [2019 (3) KLJ
744], this Court held that the State in considering
recognition either under the Right to Education Act and as
stipulated by the affiliating Board/Body is competent to
look into the norms and conditions of affiliation as
prescribed by affiliating Board/Body and when so satisfied
as to grant of recognition, shall also issue an NOC as
required. Affiliation of Bye-laws 2018 of the Central Board
of Secondary Education (for short, CBSE) deals about the
playground. Clause 3.1.3 of the CBSE Affiliation of Bye-
laws 2018 says that the school or society/trust/ company
managing the school must have land with a proper
playground. The land on which the school is located
should necessarily be a contiguous single plot of land. If
there are more than two survey numbers etc. all the
survey numbers/plots should be adjacent/touching each
other and shall make a single plot of land on the whole is
the requirement as per 3.1-3.1.1. of the Affiliation Bye-
laws of CBSE. Clause 3.1 -3.1.3 says that a proper
playground should exist on the remaining part of the land
mentioned in Clause 3.1.1. Moreover Clause 4.7.9 of the
CBSE Affiliation Bye-laws 2018 clearly says that a
playground should consist adequate ground to create
outdoor facilities for at least 200 meter Athletics Track,
facilities for Kabbadi, Kho-Kho, Volleyball, basketball etc.
7. The Council for Indian School Certificate
Examinations (for short, CISCE) prescribed Affiliation
Rules. As per Clause 4 (c) of the CISCE Rules for
Affiliation, the school should have a minimum of 2000 sq.
metres of land, suitable buildings constructed on a part of
the land and proper playgrounds on the remaining land
with adequate facilities as prescribed from time to time by
the Council. As per Chapter III of the CISCE Rules for
Affiliation, at the time of inspection for affiliation, the size,
suitability, maintenance, the games and sports that the
ground is used for and games and sports equipment will
be inspected.
8. Therefore, CBSE Affiliation Bye-laws 2018 and
CISCE Rules for Affiliation clearly stipulate the facilities
that are required in a school playground. But in the Kerala
Education Act and Rules, the same is lacking except for a
condition in Chapter IV Rule 3(2) KER which says that
every school shall have suitable playground for games
and sports and site should contain sufficient clear space
for the purpose. Several schools in the State were
established decades back. In several schools in the State,
adequate playgrounds for games and sports with sufficient
clear space is not available because of the subsequent
building constructions and even alienation of school
property. The school authorities and aided school
management are taking advantage of this lacuna in
Chapter IV KER which is silent about the measurement of
the playground necessary in the schools. Therefore, it is
imperative to issue an order or regulation about the
extent of the playground necessary in all schools in the
State and the facilities required in the school's
playground.
9. School playgrounds are an essential part of a
child's learning environment providing a safe and fun
place to play. The playgrounds can help children to
develop their physical, social, emotional and imaginative
skills. The education should not be restricted in
classrooms and the extra curricular activities including
sports and games should also be a part of the education
curriculum. It will increase the physical skills of the
children like flexibility and balance motor skills, hand-eye
co-ordination and heart and lung function, is the new
scientific study. Social skills, cognitive skills and emotional
skills also will improve, if the children are allowed to
engage in games and other activities in the school
playground. This will definitely reduce the stress and
anxiety of the children in the classroom.
10. Therefore, I am of the considered opinion that
the Government should formulate a norm/guidline, in tune
with Chapter IV Rules 1 and 3(2) of KER, prescribing the
extent of playground necessary in each category of
schools and also the requisite facilities. Right to
education is a fundamental right of the children. The
education includes play and other extra curricular
activities. If there is no suitable playgrounds for games
and sports in schools containing sufficient clear space for
that purpose as provided in KER, the government should
take stringent action including closure of those schools.
The facilities that are necessary in playgrounds of schools
may vary in LP Schools, U.P Schools, High Schools etc. But
a proper norm/guideline is necessary.
Therefore, this writ petition is disposed of with
following directions to the State Government:
1. The State of Kerala shall issue
norms/guidelines in tune with Chapter IV
Rule 3(2) of KER about the extent of
playground necessary in each category of
schools mentioned in Chapter IV Rule 1
and also the facilities required in school
playground. The above norms/guidelines
shall be issued by the Government within
four months from the date of receipt of a
copy of this judgment.
2. Once the above norms/guidelines are
issued, the educational authorities shall
see that all the schools in the State are
following the same and if any of the
schools is not following the same, after
giving sufficient opportunity and time to
them, stringent action including closure
of the school should be ordered.
3. The Registry shall forward a copy of the
judgment to the Secretary, General
Education Department, State of Kerala,
forthwith.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 19170/2014
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE REQUEST
DT.7-7-2014 FILED BEFORE THE R6.
EXHIBIT P2 : TRUE COPY OF THE REQUEST
DT.7-7-2014 FILED BEFORE R5.
EXHIBIT P3 : TRUE COPY OF THE REQUEST
DT.8-7-2014 FILED BEFORE R3.
EXHIBIT P4 : TRUE COPY OF THE REQUEST
DT.8-7-2014 FILED BEFORE THE PRESIDENT
OF R3.
EXHIBIT P5 : TRUE COPY OF THE
REPRESENTATION FILED BY THE 2ND
PETITIONER BEFORE R2 DT.17-7-2014.
EXHIBIT P6 : TRUE COPY OF THE
REPRESENTATION FILED BY THE 2ND
PETITIONER BEFORE R7 DT.17-7-2014.
EXHIBIT P7 : TRUE COPY OF THE
COMMUNICATION DT.18-7-2014 ISSUED BY
R5.
EXHIBIT P8 : TRUE COPY OF THE COMPLAINT
SUBMITTED BEFORE R5 DT.14-7-2014.
EXHIBIT P9 : TRUE COPY OF THE COMPLAINT
SUBMITTED BEFORE R6 DT.14-7-2014.
EXHIBIT P10 : TRUE COPY OF THE
COMPLAINT SUBMITTED BEFORE THE RDO,
ADOOR DT.14-7-2014.
EXHIBIT P11 : TRUE COPY OF THE
COMPLAINT SUBMITTED BEFORE THE R7
DT.14-7-2014.
EXHIBIT P12 : TRUE COPY OF THE
COMPLAINT SUBMITTED BEFORE THE SI OF
POLICE, ENATH POLICE STATION DT.16-7-
2014.
EXT.P13, P13(A) & PHOTOGRAPHS OF THE COMPOUND OF THE 1ST
P13(B) RESPONDENT
EXT.P14 COPY OF THE RECEIPT ISSUED BY THE
PHOTOGRAPHER DATED 7.8.2014
EXT.P15 COPY OF THE MATHRUBHOOMI DAILY,
KOTTAYAM EDITION DATED 25.7.2014
RESPONDENTS' EXHIBITS
R6(A) COPY OF THE VISIT REPORT OF 5TH
RESPONDENT DATED 28.04.2014
R6(B) COPY OF THE RESOLUTION OF 5TH
RESPONDENT DATED 28.4.14
R6(C) COPY OF THE LETTER NO.C4.7528/14 DATED
28.06.2014
R6(E) COPY OF HTE INFORMATION LETTER TO THE
1ST AND 3RD RESPONDENT DATED 25.7.2014
R6(E) COPY OF THE LETTER DATED 01.07.2014
R6(F) COPY OF THE LETTER NO.C4.7528/14 DATED
30.08.2014
