Judges : P.K.BALASUBRAMANYAN
Kunhimmu Haji - Appellant
Versus
State of Kerala - Respondent
Case No : O.P. No. 15257 of 1994
Decided On : 09/23/1996
Advocates Appeared :
Sumathi Dandapani & K. Juijii Habit For Petitioner Government Pleader (V.K. Mohammed Youseff) & V.P. Rdglutraj For Respondents
Religious Calendar - Government School - Kerala Education Rules, Chapter VII R.4(3), R.5(4) - The court declared that Government schools, including the specific school in question, are bound to follow the Education Department Calendar issued by the second respondent. The court emphasized the secular nature of Government schools and the need to protect secularism, as a basic feature of the Constitution. It held that the introduction of religious calendars for educational institutions would lead to the negation of equality of religions before the law and would go against the basic structure of the Constitution. The court also highlighted the provisions of R.4(3) of Chapter VII of the Kerala Education Rules, which provide sufficient protection for the interests of the Muslim community without impairing the requirements of R.5(4) of the Kerala Education Rules.
Fact of the Case:
The petitioner, a member of the Managing Committee of a Government Lower Primary School, sought a declaration that all Government Schools in the State, including the specific school, are bound to follow the Education Department Calendar. The school had been directed to follow the Muslim Calendar, causing confusion and misunderstanding among the people and parents. The petitioner alleged that the order was issued without proper authority and was motivated by irrelevant considerations.
Finding of the Court:
The court found that the order directing the school to follow the Muslim Calendar was illegal and unconstitutional. It emphasized the secular nature of Government schools and the need to protect secularism as a basic feature of the Constitution. The court held that Government schools are bound to follow the Education Department Calendar, irrespective of the majority of pupils being from one community or another.
Issues: The main issue was whether Government schools, including the specific school, are bound to follow the Education Department Calendar or can be directed to follow a religious calendar based on the majority of pupils belonging to a particular community.
Ratio Decidendi: The court's decision was based on the interpretation of the Kerala Education Rules, specifically Chapter VII R.4(3) and R.5(4), and the constitutional principles of secularism and equality before the law. The court emphasized the need to prevent the introduction of religious calendars for educational institutions, as it would go against the basic structure of the Constitution.
Final Decision: The court allowed the Original Petition, quashed the orders directing the school to follow the Muslim Calendar, and declared that Government schools are bound to follow the Education Department Calendar. The court made no order as to costs.
P.K. Balasubramanyan, J.
The petitioner, Kunhimmu Haji. is the member of the Managing Committee of the Parent Teachers Associations Government Lower Primary School, Oorakam, Kizhmuri. He has approached this Court praying for a declaration that all the Government Schools in the State including the L.P. School, Oorakam, Kizhmuri are bound to follow the Education Department Calendar issued by the Director of Public Instruction, for a declaration that the action of the State in directing the Government Schools to follow the calender of any particular religion like Muslim Calender is illegal and unconstitutional, for the issue of a writ of certiorari to quash the orders in that behalf issued by the Secretary to the Government and for a direction to the respondents to follow the Education Department Calender in the L.P. School, Oorakam, Kizhmuri.
2. The petitioner contends that the L.P. School, Oorakam, Kizhmuri was started in the year 1927-28 and it is one of the pioneer educational institutions in the locality. The petitioner was the President of 'the Parent Teachers Association of the School for nearly 17 years and is deeply interested in the good functioning of the School and in its affairs. Right from the commencement of the School during the pre-independence era, the School was following the general calendar. After the introduction of the Kerala Education Department Calender for each year that was being followed by the school. The academic year used to commence in June and the School used to be closed for summer vacation by the end of March, in addition to the summer vacation, the School had the Onam and Christmas holidays. In the week, the Saturdays and Sundays were holidays This was in addition to the other declared holidays as per the Department Calendar. The petitioner submits that during the academic year 1992-93, to the surprise and dismay of the parents, pupils and the public, the School was closed for the month of Ramzan. On enquiry with the Headmaster of the School, no satisfactory information could he obtained. The Committee of I he Parent Teachers Association approached the Assistant Educational Officer for information. Alter repeated requests, in May, 1993 the Asst. Educational Officer ultimately gave the members of the committee a copy of an order dated 25.8.1992 issued by him directing the school to follow the Muslim Calender. The petitioner has produced a copy of that order and marked the same as Ext. P1 The order says that the majority of pupils studying in the GLPS, Oorakam, Kizhmuri belong to the muslim community. The President of the Parent Teachers Association reported the difficulty and the inconvenience for those students to participate in their religious and ritual functions if the school is allowed to continue as a general school. Considering that problem in detail, the Asst. Educational Officer was pleased to order that the School in question will thereafter follow the Muslim Calendar. The arrangement would enable the majority muslim pupils to participate in their religious rituals. The petitioner alleges that the order was issued based on the correspondence between the Asst. Educational Office on the one side and the Headmaster and the President of the Parent Teachers' Association of the School, on the other. It is stated that the President of the Parent Teachers' Association in his personal capacity appeared to have approached the Assistant Educational Officer and managed to get the order Ext. P1 issued. According to the petitioner, no final decision was taken by the Parent Teachers' Association for adopting the Muslim Calendar or authorising its President to approach any authority with any such request. The petitioner therefore, submits that respondent No. 4 and the President of the Parent Teachers' Association have acted in collusion behind the back of the Parent Teachers' Association and had procured the order Ext. P1. The petitioner submits that the change brought about in the arrangeme
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