The court upheld the government's authority to amend educational rules, emphasizing that procedural compliance and stakeholder consultation were adequately addressed, thus validating the Notification.

JUDGMENT :

Bharati Dangre, J.

1. Three Petitioners have filed the present Public Interest Litigation being aggrieved by the decision on the part of the State of Goa, in regard to the alleged illegal date of commencement of the academic year 2025-2026 for Grade 6 to 10 and 12, for the Government aided and unaided schools in the State, which was declared by a Notification issued on 28.03.2025, thereby amending the Rule 21 of the Goa Education Rules, 1986.

All the three Petitioners are the parents of the children who are prosecuting their education in the schools, which are to be governed by the new schedule, on publication of the Notification on 28.03.2025, which has now scheduled the commencement of summer vacation from 01.05.2025 for a period of six weeks. The Petition thus seeks quashing and setting aside of the Notification amending the Rule 21 of the Goa Education Rules, 1986 and seek a writ of mandamus to commence the academic year for Grade 6 to 10 and Grade 12 from the 1^st week of June, as was the prevailing practice. By way of interim Order, stay is also sought for the effect and implementation of the impugned Notification.

2. We have heard the learned Counsel Mr. Nigel da Costa Frias for the Petitioner along with Ms. Nishad and Mr. Misquita, the learned Advocate General Mr. Pangam for the State along with Additional Government Advocate Mr. Shirodkar and Mr. Faldessai, the Deputy Solicitor General of India, who represent Respondent no. 1.

3. On hearing the respective Counsel for the parties, we deem it appropriate to issue ‘Rule’. Rule is made returnable forthwith and the Petition is taken up for final hearing at the stage of admission. Learned Counsel for the Respondents, waive notice.

4. Mr. Nigel da Costa Frias, the Counsel for the Petitioner, has invited our attention to the Goa School Education Rules, formulated in exercise of powers conferred by Section 29 of the Goa, Daman and Diu School Education Act, 1984. The said Rules in great details govern the running of the schools by the State by classifying them into different categories and also contain the detail outline of the manner in which the education shall be imparted in the schools. It also therefore specifies the school hours, school terms, period of vacation and holidays, etc.

For our purpose, the relevant provision is Rule 21, which we deem appropriate to re-produce, so as to appreciate the challenge to the Notification which has effected a change in the said Rule.

“Rule 21 - "School terms, vacation and Holidays - (1) The total number of working days including examination days for the schools including Higher Secondary schools shall not be less than 220 days in a year to be arranged in two school terms the duration of which shall be as specified by the Director of Education".]

(2) Subject to the provision of sub-rule (1), the following shall be the authorised holidays for the recognised schools namely:

(i) All holidays notified by the ["Government"].

(ii) Discretionary holidays not exceeding 10 days in a year with the previous approval of the Director of Education or an Officer so authorised by him.

(iii) The first term shall ordinarily be from 5th June to 11th October, and a three week's break generally from about 16th October to 6th November, but to be shifted when necessary, to fit in with the Diwali festival;

Provided that the Director of Education may declare a mid-term break of not more than one week for the Ganesh festival but however the loss of actual workings days, on account of this mid-term break shall be made good by cutting the discretionary holidays proportionately.

"(iv) A mid-term break from 24th December to 2nd January."]

'["(v) Summer vacation at the end of the second term for such a period of six weeks as may be specified by the Director of Education."]

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(3) In addition to the holidays referred to in sub-rule (2) leave may be granted to the student only, preparing for the public examinations of the Affiliating Board for such period as may be specif