Kerala High Court
Chitra Kala. K vs State Of Kerala on 5 April, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 15455 OF 2023
PETITIONERS:
1 KERALA CBSE SCHOOL MANAGEMENT ASSOCIATION (REGD)
REPRESENTED BY ITS GENERAL SECRETARY P.S.
RAMACHANDRAN PILLAI, REG.NO. 174/1996, PENTA TOWER,
7TH FLOOR, KALOOR, KOCHI, PIN - 682017
2 PRINCIPAL
ST: JOHN'S SCHOOL, KEERUKUZHY, THUMPAMON,
PATHANAMTHITTA, PIN - 689502
3 PRINCIPAL
VIDYADHIRAJA VIDHAYA PEEDOM CENTRAL SCHOOL,
PONNARAMTHOTTAM, MAVELIKKARA, ALAPPUZHA, PIN -
690101
4 SENIOR PRINCIPAL
ST: THOMAS SENIOR SECONDARY SCHOOL, PUNALUR, KOLLAM,
PIN - 691305
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
K.P.SATHEESAN (SR.)
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:2:-
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE COMMISSION FOR PROTECTION OF CHILD
RIGHTS
REPRESENTED BY ITS REGISTRAR, TC NO. 14/2036,
VANROSS JUNCTION, THIRUVANANTHAPURAM, PIN - 695034
3 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
4 THE REGIONAL DIRECTOR
CENTRAL BOARD OF SECONDARY EDUCATION, BSNL RTTC
CAMPUS, KAIMANAM, THIRUVANANTHAPURAM, PIN - 695040
5 THE CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS SECRETARY, VIKAS MARG, C BLOCK,
PREETHI VIHAR, NEW DELHI, PIN - 110062
BY ADVS. THOUFEEK AHAMED
Nirmal S
SHRI.T.B.HOOD, SPL.G.P. TO A.G.
DR.K.P.SATHEESAN, SR.ADVOCATE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.04.2024, ALONG WITH WP(C).1931/2024, 15707/2023 AND
CONNECTED CASES, THE COURT ON 05.04.2024 DELIVERED THE
FOLLOWING:
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 1931 OF 2024
PETITIONER(S):
PRINCIPAL
JEEVASS CMI CENTRAL SCHOOL JEEVASS CMI EDUCATIONAL &
CHARITABLE TRUST, R.S. ROAD, NEAR RAILWAY STATION
ALUVA. (BY ITS PRESENT PRINCIPAL MRS.PREETI GEORGE),
PIN - 683101
BY ADVS.
ISAAC KURUVILLA ILLIKAL
BABY ISSAC ILLICKAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 PRINCIPAL SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:4:-
3 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION JAGATHI, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
4 COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE
EXAMINATIONS
REPRESENTED BY ITS SECRETARY PRAGATI HOUSE, 3RD
FLOOR, 47- 48 NEHRU PLACE, NEW DELHI, PIN - 110019
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.T.B.HOOD, SPL.G.P. TO A.G.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.04.2024, ALONG WITH WP(C).15455/2023 AND CONNECTED CASES,
THE COURT ON 05.04.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:5:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 15707 OF 2023
PETITIONER/S:
CHITRA KALA. K.
PRINCIPAL, THE SPRINGS INTERNATIONAL SCHOOL, TANA,
MAMPAD, MALAPPURAM DISTRICT, PIN - 676542
BY ADV K.VIDYASAGAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR OF GENERAL EDUCATION
STATE OF KERALA, OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION, JAGATHI, THYCAUD, THIRUVANANTHAPURAM,
KERALA, PIN - 695014
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:6:-
4 KERALA STATE COMMISSION FOR PROTECTION OF CHILD
RIGHTS
SREE GANESH, VANROSS JUNCTION, NEAR BAKERY JUCTION,
THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR,
PIN - 695034
5 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK - B, 2
ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
6 THE REGIONAL DIRECTOR,
CENTRAL BOARD OF SECONDARY EDUCATION, BSNL RTTC
CAMPUS, KAMMANAM, THIRUVANANTHAPURAM, PIN - 695040
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
Nirmal S
SHRI.T.B.HOOD, SPL.G.P. TO A.G.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.04.2024, ALONG WITH WP(C).15455/2023 AND CONNECTED CASES,
THE COURT ON 05.04.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:7:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 15723 OF 2023
PETITIONER:
BRO. REGY SCARIA
AGED 45 YEARS
PRINCIPAL, MARYGIRI ENGLISH MEDIUM SCHOOL
KOOTTUMUGHAM(P.O.), SREEKANDAPURAM KANNUR, PIN -
670631
BY ADVS.
A.C.VENUGOPAL
VIDHYA. A.C
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO
GOVERNMENT
EDUCATION DEPARTMENT, SECRETRIAT, ANNEXE-II
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANATHAPURAM, PIN - 695014
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:8:-
3 CENTRAL BOARD OF SECONDARY EDUCATION
VIKASMARG, C.BLOCK, PREETH VIHAR, NEW DELHI, PIN -
110062
4 JOINT SECRETARY AND REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) II
FLOOR, BLOCK B, LIC DIVISIONAL OFFICE CAMPUS,
PATTOM, THIRUVANATHAPURAM, PIN - 695003
5 KERALA STATE COMMISSION FOR PROTECTION OF CHILD
RIGHT, REPRESENTED BY ITS REGISTRAR
T.C.14/2036, VANROOSS JUNCTION P.O., KERALA
UNIVERSITY, THIRUVANATHAPURAM, PIN - 695034
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
Nirmal S
SHRI.T.B.HOOD, SPL.G.P. TO A.G.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.04.2024, ALONG WITH WP(C).15455/2023 AND CONNECTED CASES,
THE COURT ON 05.04.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:9:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 15746 OF 2023
PETITIONER :
DR. A. M. ANTONY
PRINCIPAL, PEEVEES MODEL SCHOOL, NILAMBUR,
MALAPPURAM DISTRICT, PIN - 679329
BY ADV K.VIDYASAGAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR OF GENERAL EDUCATION
STATE OF KERALA, OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION, JAGATHI, THYCAUD, THIRUVANANTHAPURAM, PIN
- 695014
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:10:-
4 KERALA STATE COMMISSION FOR PROTECTION OF CHILD
RIGHTS,
SREE GANESH, VANROSS JUNCTION, NEAR BAKERY JUCTION,
THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR,
PIN - 695034
5 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK - B, 2
ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM., PIN - 695004
6 THE REGIONAL DIRECTOR
CENTRAL BOARD OF SECONDARY EDUCATION, BSNL RTTC
CAMPUS, KAMMANAM, THIRUVANANTHAPURAM., PIN - 695040
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
Nirmal S
SHRI.T.B.HOOD, SPL.G.P. TO A.G.
THIS WRIT PETITION (CIVIL)HAVING BEEN FINALLY HEARD ON
04.04.2024,, ALONG WITH WP(C).15455/2023 AND CONNECTED CASES,
THE COURT ON 05.04.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:11:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 16068 OF 2023
PETITIONER:
THE MANAGER,
EBENEZER HIGHER SECONDARY SCHOOL NELLAD PO,
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT
BY ADVS.
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN -
695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM.
4 DISTRICT EDUCATIONAL OFFICER,
SATHRAKUNNU, MUVATTUPUZHA, ERNAKULAM, PIN - 686673
5 ADDL.R5 PARENT TEACHERS ASSOCIATION
EBENEZER HIGHER SECONDARY SCHOOL, NELLAD PO,
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:12:-
VEETTOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT-686669
(REPRESENTED BY ITS PRESIDENT)
ADDITIONAL R5 IMPLEADED VIDE ORDER ON 1/2023 DATED
5/4/2024.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.MOHANAKANNAN
SHRI.T.B.HOOD, SPL.G.P. TO A.G.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.04.2024, ALONG WITH WP(C).15455/2023 AND CONNECTED CASES,
THE COURT ON 05.04.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:13:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12242 OF 2024
PETITIONERS:
1 PRAGATI ACADEMY REPRESENTED BY ITS MANAGER
P.B. NO. 38, FERN HILLS, POOPANI ROAD,
KARATTUPALLIKKARA, PERUMBAVOOR, ERNAKULAM DISTRICT,
PIN - 683542
2 THE COUNCIL OF CBSE SCHOOLS KERALA
(REGISTER NO. EKM/TC/376/2019), REPRESENTED BY ITS
PATRON, DR. INDIRA RAJAN, VIKRAM SARABHAI SPACE
PARK, THENGODE POST, KAKKANAD, ERNAKULAM DISTRICT,
PIN - 682030
BY ADVS.
M.R.VENUGOPAL
DHANYA P.ASHOKAN (SR.)
S. MUHAMMAD ALIKHAN
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK - 8, 2ND
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:14:-
FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 KERALA STATE COMMISSION FOR PROTECTION OF CHILD
RIGHTS
SREE GANESH, VANROSS JUNCTION, NEAR BAKERY JUNCTION,
THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR,
PIN - 695034
4 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM, KERALA, PIN - 695014
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.T.B.HOOD, SPL.G.P. TO A.G.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.04.2024,, ALONG WITH WP(C).15455/2023 AND CONNECTED CASES,
THE COURT ON 05.04.2024 DELIVERED THE FOLLOWING:
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
-:15:-
"C.R."
A.MUHAMED MUSTAQUE & M.A.ABDUL HAKHIM, JJ.
------------------------------------------------
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023, 15746/ 2023, 16068/ 2023, & 1931/
2024, 12242/ 2024
------------------------------------------------
Dated this the 5th day of April, 2024
J U D G M E N T
A.Muhamed Mustaque, J.
These matters are placed before us based on a reference
order of the learned Single Judge. The matter is related to
conducting vacation classes during summer vacation of the schools
in the State. The learned Single Judge in the reference order
doubted the law propounded in I.S.S (English Medium) Senior
Secondary School, Perinthalmanna v. State of Kerala [2018 (2)
KHC 849].wherein the learned Single Judge of this Court opined
that if there is no objection from the parents, teachers and
students, the special classes can be conducted during the summer
vacation on a condition that the school authorities will provide
basic facilities. In the reference order, the learned Single
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
Judge disagreed with the views in the judgment in I.S.S. (English
Medium) (supra) as the children require time for leisure and
recreation during summer holidays.
2. Heard the learned Senior Counsel Dr.K.P.Satheesan,
Senior Counsel Smt.Dhanya P.Ashokan and Shri Isaac Kuruvilla
Illikal for the petitioners, learned Standing Counsel Shri
S.Nirmal and learned Special Government Pleader Shri T.B.Hood.
3. There are two sets of cases before us - one, the
schools which are having affiliation with Boards other than State
Board such as affiliation with CBSE, ICSE Boards and the other
is schools having recognition under the Kerala Education Rules
(KER).
4. Apparently, the question in this context arises as
the State attempted to justify their action with reference to
Rule 1 of Chapter VII of KER. Rule 1 Chapter VII states that
all schools shall be closed for the summer vacation every year
on the last working day of March and reopen on the first working
day of June unless otherwise notified by the Director. We are
of the view that as far as the schools are not the schools
recognised under KER, they are not bound by the calendar provided
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
under KER. The calendar of the schools under KER would be
applicable only to schools that have obtained recognition from
the Government under the KER. See the definition of 'recognised
schools' under Section 2(8) of the Kerala Education Act vis-a-
vis "a private school recognised by the Government under this
Act". In respect of the schools not covered under the Kerala
Education Rules or Act, cannot be dealt under the same. It is
up to the affiliated body to decide on the calendars, school
working time etc. Therefore, the school calendar prescribed under
KER cannot be extended to CBSE, ICSE schools, etc. Merely for
the reason that for the purpose of affiliation, CBSE insisted
recognition or NOC from the State Government, that alone will
not bring such schools as a recognised school under KER. Such
schools will not be considered recognized under the KER unless
established or recognized in accordance with the Kerala Education
Act or Rules. Therefore, they are not obliged to follow the
calendar framed under KER.
5. However, we find that the Government has executive
power to protect the best interest of children. The parens
patriae is the jurisdiction of the State cannot be overlooked
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
here. The Apex Court in Charan Lal Sahu v. Union of India,
[(1990) 1 SCC 613]; para.35 therein reads as follows:
35. There is the concept known both in this country and abroad,
called parens patriae. Dr B.K. Mukherjea in his "Hindu Law of
Religious and Charitable Trust", Tagore Law Lectures, Fifth Edition,
at page 404, referring to the concept of parens patriae, has noted
that in English law, the Crown as parens patriae is the constitutional
protector of all property subject to charitable trusts, such trusts
being essentially matters of public concern. Thus the position is
that according to Indian concept parens patriae doctrine recognized
King as the protector of all citizens and as parent. In Budhkaran
Chaukhani v. Thakur Prosad Shah [AIR 1942 Cal 331 : 46 CWN 425] the
position was explained by the Calcutta High Court at page 318 of the
report. The same position was reiterated by the said High Court in
Banku Behary Mondal v. Banku Behary Hazra [AIR 1943 Cal 203 : 47 CWN
89] at page 205 of the report. The position was further elaborated
and explained by the Madras High Court in Medai Dalavoi T. Kumaraswami
Mudaliar v. Medai Dalavoi Rajammal [AIR 1957 Mad 563 : (1957) 2 MLJ
211] at page 567 of the report. This Court also recognized the concept
of parens patriae relying on the observations of Dr Mukherjea
aforesaid in Ram Saroop v. S.P. Sahi [1959 Supp 2 SCR 583 : AIR 1959
SC 951] at pages 598 and 599. In the "Words and Phrases" Permanent
Edition, Vol. 33 at page 99, it is stated that parens patriae is the
inherent power and authority of a legislature to provide protection
to the person and property of persons non sui juris, such as minor,
insane, and incompetent persons, but the words parens patriae meaning
thereby 'the father of the country', were applied originally to the
King and are used to designate the State referring to its sovereign
power of guardianship over persons under disability. (emphasis
supplied) Parens patriae jurisdiction, it has been explained, is the
right of the sovereign and imposes a duty on sovereign, in public
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
interest, to protect persons under disability who have no rightful
protector. The connotation of the term parens patriae differs from
country to country, for instance, in England it is the King, in
America it is the people, etc. The Government is within its duty to
protect and to control persons under disability. Conceptually, the
parens patriae theory is the obligation of the State to protect and
takes into custody the rights and the privileges of its citizens for
dischargings its obligations. Our Constitution makes it imperative
for the State to secure to all its citizens the rights guaranteed by
the Constitution and where the citizens are not in a position to
assert and secure their rights, the State must come into picture and
protect and fight for the rights of the citizens. The Preamble to
the Constitution, read with the Directive Principles, Articles 38,
39 and 39-A enjoin the State to take up these responsibilities. It
is the protective measure to which the social welfare state is
committed. It is necessary for the State to ensure the fundamental
rights in conjunction with the Directive Principles of State Policy
to effectively discharge its obligation and for this purpose, if
necessary, to deprive some rights and privileges of the individual
victims or their heirs to protect their rights better and secure
these further.
6. The petitioners are the management association and
certain schools who want to conduct classes during vacation to
make up syllabus, especially, for the students who are attending
board exams during the next academic year. They experienced a
shortage of time to complete syllabus and prepare the students
for the next academic year. We find there is a legitimate
concern for school authorities. But at the same time, it should
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
not be at the cost of the best interest of the child. The best
interest of the child includes right of the child for rest and
leisure. It is appropriate to refer to Article 31 in Part 1 of
the United Nations Convention of Rights of the Child.
Article 31
1. States Parties recognize the right of the child to rest and
leisure, to engage in play and recreational activities appropriate
to the age of the child and to participate freely in cultural life
and the arts.
2. States Parties shall respect and promote the right of the child
to participate fully in cultural and artistic life and shall
encourage the provision of appropriate and equal opportunities for
cultural, artistic, recreational and leisure activity.
7. The parents cannot barter away their child's right to
rest and leisure in exchange to focus exclusively on
studies. There is a prevailing belief that prioritising
academic studies would protect the best interest of the
child. However, growth of child is ensured not solely based on
knowledge but also through recreational activities. The child
is also having equal right to engage in cultural, artistic,
leisure activities. This cannot be compromised. The State also
cannot ignore the fact that that the child cannot forgo their
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
academic pursuits. However, how to balance children's academic
pursuits and their right to recreational activities is a matter
to be considered by the State. We also cannot overlook the
exposure of the children to summer heat during vacation. The
State also need to address this concern as well. The present
regulation apparently is invoking power under the Kerala
Education Act and Rules. That power cannot be utilised to govern
a competing interest and rights of the child and their
welfare. The executive Government alone can address the
issue. The statutory authorities under KER are incompetent to
decide such issues. In this matter, admittedly, they invoked
statutory power under KER which according to us cannot be
extended to schools other than those recognised under the Kerala
Education Act and Rules.
8. We find that the judgment of the learned Single Judge
ISS English Medium (supra) is not correct enunciation of law. As
rightly noted by the learned Single Judge in reference order,
recreational rights cannot be overlooked by parental authority
to decide on academical pursuits. Therefore, State can devise
its own mechanisms.
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
9. In the light of the discussions as above, we hold as
follows:
i. The State holds executive power to regulate summer
vacation. However, this cannot be done based on the calendar
prescribed in KER for non-KER schools. The State will have to
balance academic interest of the child and their right
to recreational activities in a delicate equilibrium.
ii. Taking note of the ensuing vacation, we permit all the
schools other than the schools governed by KER calendar to hold
vacation classes between 7.30 AM till 10.30 AM. Provided, this
arrangement will be subject to future executive orders governing
vacation classes.
iii. We also find that law laid down in I.S.S. (English
Medium) case (supra) is not a good law to be followed.
iv. In regard to W.P.(C).No.16068/2023, we find this school
is a recognised school under KER. This school will have to
follow calendar under KER. Regarding the schools governed by the
Kerala Education Rules and Act which does not follow the KER
calendar, action can be initiated against the Manager. In the
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
absence of any challenge to the Rule in KER, no relief can be
granted. Therefore, W.P.(C).No.16068/2023 is dismissed.
v. W.P.(C).Nos. 1931/2024, 15455/2023, 15707/2023,
15723/2023, 15746/2023, & 12242/2024 are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
M.A.ABDUL HAKHIM, JUDGE
ms
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
APPENDIX OF WP(C) 1931/2024
PETITIONER EXHIBITS
Exhibit P1 A PHOTOCOPY OF THE COUNCIL FOR INDIAN
SCHOOL CERTIFICATE EXAMINATION RULES FOR
AFFILIATION
Exhibit P2 A PHOTOCOPY OF THE ORDER OF THE 3RD
RESPONDENT DATED 03.05.2023
Exhibit P3 A PHOTOCOPY OF THE CIRCULAR
NO.H4/26488/2017/DPI DATED 28.04.2017
Exhibit P4 A PHOTOCOPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN PRINCIPAL, PLACID
VIDHYA VIHAR SENIOR SECONDARY SCHOOL .V.
STATE OF KERALA IN W.P (C) NO.10076/2018
DATED 16.04.2018
Exhibit P5 A PHOTOCOPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN PRINCIPAL, PLACID VIDHYA
VIHAR SENIOR SECONDARY SCHOOL .V. STATE OF
KERALA IN W.P (C) NO. 10076/2018 DATED
17.07.2018
Exhibit P6 A PHOTOCOPY OF THE JUDGMENT DATED
04.05.2018 IN W.P (C) NOS.14822 OF 2018 &
CONNECTED CASES (REPORTED AS I.S.S
(ENGLISH MEDIUM) SENIOR SECONDARY SCHOOL,
PERINTHALMANNA .V. STATE OF KERALA & ORS
2018 (2) KHC 849)
Exhibit P7 A PHOTOCOPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.(C) NO.7177/2017
DATED 17.03.2017
Exhibit P8 A PHOTOCOPY OF THE JUDGMENT IN W.P.(C)
NO.4773/2018 DT.12.02.2018
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
APPENDIX OF WP(C) 15707/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE AFFILIATION ISSUED BY
THE CENTRAL BOARD OF SECONDARY EDUCATION
TO THE ABOVE SAID SCHOOL.
Exhibit-P2 A TRUE COPY OF THE ORDER DATED 22.04.2017
PASSED BY THE 4TH RESPONDENT IN CRMP
NO.2922/11/LA2/2017/KeSCPCR.
Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED
17.03.2017 IN W.P(C) NO.7177/017.
Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED
08.02.2018 IN W.P.(C) NO.3689/2018.
Exhibit-P5 A TRUE COPY OF THE COMMUNICATION
NO.H4/7002/2023/D.G.E DATED 03.05.2023
ISSUED BY THE 2 ND RESPONDENT.
Exhibit-P6 A TRUE COPY OF THE CIRCULAR
NO.H(4)/26488/2017/DPI DATED 28.04.2017
ISSUED BY THE 2 ND RESPONDENT.
Exhibit-P7 TRUE COPY OF THE ORDER DATED 16.4.2018 IN
W.P(C).13089/2018 AND CONNECTED CASES ON
THE FILE OF THIS HON'BLE COURT.
Exhibit-P8 TRUE COPY OF THE EXTRACT OF THE MINUTES OF
THE PTA MEETING HELD ON 03.05.2023 AT THE
PETITIONER'S SCHOOL.
Exhibit-P9 TRUE COPY OF THE RESOLUTION OF THE
MANAGEMENT COMMITTEE OF THE SCHOOL
AUTHORIZING THE PETITIONER TO FILE A CASE
BEFORE THIS HON'BLE COURT.
Exhibit-P10 TRUE COPY OF THE REQUEST DATED 28.4.2023
SENT BY THE PETITIONER TO THE 5TH
RESPONDENT
Exhibit-P11 TRUE COPY OF THE INTERIM ORDER DATED
09.05.2023 IN W.P(C) NO.15455/2023 ON THE
FILE OF THIS HON'BLE COURT.
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
APPENDIX OF WP(C) 15723/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF
AFFILIATION DATED 11.11.2014 ISSUED TO THE
SCHOOL
Exhibit P2 TRUE COPY OF THE CIRCULAR NO.
H(4)26488/2017/D.P.I. DATED 28-04-2017
ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE CIRCULAR
NO.G3/138/2019/G.EDN. ISSUED BY THE 1ST
RESPONDENT DATED 29.3.2019
Exhibit P4 TRUE COPY OF THE JUDGEMENT DATED
07.05.2019 IN W.P.(C) NO.13074/2019 OF
THIS HON'BLE COURT
Exhibit P5 TRUE COPY OF THE COMMUNICATION NO.
H4/7002/2023/D.G.E DATED 03-05-2023 ISSUED
BY THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE APPLICATION MADE BY THE
PETITIONER TO THE 4TH RESPONDENT DATED
10.05.2023
Exhibit P7 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN W.P(C)NO. 15455/2023
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
APPENDIX OF WP(C) 15746/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE AFFILIATION ISSUED BY
THE CENTRAL BOARD OF SECONDARY EDUCATION
TO THE SCHOOL.
Exhibit-P2 A TRUE COPY OF THE ORDER DATED 22.04.2017
PASSED BY THE 4TH RESPONDENT IN CRMP
NO.2922/11/LA2/2017/KeSCPCR.
Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED
17.03.2017 IN W.P(C) NO.7177/017.
Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED
08.02.2018 IN W.P.(C) NO.3689/2018.
Exhibi-P5 A TRUE COPY OF THE COMMUNICATION
NO.H4/7002/2023/D.G.E DATED 03.05.2023
ISSUED BY THE 2ND RESPONDENT.
Exhibit-P6 A TRUE COPY OF THE CIRCULAR
NO.H(4)/26488/2017/DPI DATED 28.04.2017
ISSUED BY THE 2ND RESPONDENT.
Exhibit-P7 TRUE COPY OF THE ORDER DATED 16.4.2018 IN
W.P(C).13089/2018 AND CONNECTED CASES ON
THE FILE OF THIS HON'BLE COURT.
Exhibit-P8 TRUE COPY OF THE DECLARATION ISSUED BY THE
PETITIONER DECLARING THAT THE PETITIONER'S
INSTITUTION IS HAVING SUFFICIENT
FACILITIES AS PER THE CBSE NORMS FOR THE
SMOOTH CONDUCT OF VACATION CLASSES DURING
MAY, 2023.
Exhibi-P9 TRUE COPY OF THE RESOLUTION NO.34 PASSED
BY THE PTA MEETING HELD AT PEEVEES MODEL
SCHOOL, NILAMBUR ON 15.03.2023 AND
31.03.2023.
Exhibit-P10 TRUE COPY OF THE REQUEST DATED 27.4.2023
SENT BY THE PETITIONER TO THE 5TH
RESPONDENT.
Exhibit-P11 TRUE COPY OF THE INTERIM ORDER DATED
09.05.2023 IN W.P(C) NO.15455/2023 ON THE
FILE OF THIS HON'BLE COURT.
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
APPENDIX OF WP(C) 16068/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DETAILS OF THE STUDENTS
OF THE SCHOOL
Exhibit P2 TRUE COPY OF THE CIRCULAR NO.H(4)-
26488/2017/DPI DATED 28-4-2017
Exhibit P3 TRUE COPY OF THE COMMUNICATION
NO.H4/7002/2023/DGE DATED 3-5-2023 ISSUED
BY THE 2ND RESPONDENT TO THE HEAD OF THE
INSTITUTION OF THE STATE
Exhibit P4 TRUE COPY OF THE COMMUNICATION
NO.A5/594/2023 DATED 15-5-2023 SENT BY THE
4TH RESPONDENT TO THE HEAD MASTER
Exhibit P5 TRUE COPY OF INTERIM ORDER DATED 9-5-2023
IN WRIT PETITION NO.15455/2023
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
APPENDIX OF WP(C) 12242/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF EXTENSION OF GENERAL
AFFILIATION NO: CBSE/930149/EX-00649-
2324/2023-24/ DATED 31/12/2022
Exhibit P2 TRUE COPY OF THE ORDER DATED 22/04/2017
PASSED BY THE 4TH RESPONDENT IN CRMP
NO.2922/11/LA2/2017KESCPCR ALONG WITH
LEGIBLE COPY
Exhibit P3 TRUE COPY OF THE COMMUNICATION
NO.H4/7002/2023/D.G.E DATED 03/05/2023
ISSUED BY THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF THE CIRCULAR NO.
H(4)26488/2017/DPI DATED 28/04/2017 ISSUED
BY THE 4TH RESPONDENT
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED
09/05/2023 IN WP(C) NO.15455 OF 2023
W.P.(C).Nos. 15455/ 2023, 15707/ 2023, 15723/ 2023,
15746/ 2023, 16068/ 2023, & 1931/ 2024, 12242/ 2024
APPENDIX OF WP(C) 15455/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE CIRCULAR NO.
H(4)/26488/2017/D.P.I. DATED 28-04-2017
ISSUED BY THE 3RD RESPONDENT
Exhibit-P2 TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT DATED 16-04-2018 IN
Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 8-2-2018
Exhibit-P4 TRUE COPY OF THE COMMUNICATION NO.
H4/7002/2023/D.G.E DATED 3-5-2023 ISSUED
BY THE 3RD RESPONDENT
RESPONDENT ANNEXURES
Annexure R3 True Copy of the Circular No.
22475/J1/14/GEdn. dated 05.05.2015 issued
by the first respondent
