SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Online)(KER) 38749

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941

WP(C).No. 11707 of 2019-K PETITIONER/S:

PRINCIPAL, VIMALAMBIKA PUBLIC ENGINEERING MEDIUM SENIOR SECONDARY SCHOOL PAMPADY P.O, KOTTAYAM DISTRICT, PIN - 686 502 BY ADVS.

SRI.BABY THOMAS SRI.K.ANIL JOSEPH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001 2 DIRECTOR OF PUBLIC INSTRUCTIONS (DPI) DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN 695 001 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) REPRESENTED BY ITS SECRETARY, VIKAS MARG, C. BLOCK, PREET VIHAR, NEW DELHI - 110 062 THE REGIONAL DIRECTOR CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM - 695 004 BY ADV. SRI.NIRMAL S., SC, CBSE OTHER PRESENT: SR GP.SMT.NISHA BOSE,SRI.S.NIRMAL,SC,CBSE

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: . .

Advocates:
BABY THOMAS, SRI.K.ANIL JOSEPH,SRI.NIRMAL S., SC, CBSE4) THE REGIONAL DIRECTOR

JUDGMENT

The petitioner is the Principal of an unaided School affiliated to Central Board of Secondary Education (CBSE). The petitioner wants to conduct classes during summer holidays for students of standards IX to X.

2. The Government has issued a circular dated 29.03.2019 restraining the Schools including those affiliated to CBSE, CISCE etc and all Government aided/unaided Lower Primary, Upper Primary, High School, Higher Secondary, Vocational Higher Secondary Schools from conducting classes during summer holidays. This circular has been issued on 29.03.2019 referring to the letter dated 29.03.2019 received from the Director of Public Instructions (DPI) and the order dated 24.02.2018 in C.R.M.P No.4692/09/L.A2/2017 of the Child Rights Commission and in view of the warning from the Disaster Management Authority in view of the extreme climatic condition involving scorching heat by which there is acute scarcity of water, apart from other casualties. However it is provided that camps for the children, workshops etc can be conducted for a maximum period of ten days with prior permission of the Educational Officer concerned; the officer shall grant such permission only after conducting an inspection and on being satisfied that all facilities like pure drinking water, food, fan, first aid, toilet etc are provided to the children. It is also directed that those who are organising such camps should see that none of the children are exposed to scorching sun. The educational officers are given strict instructions to see that the directions in the circular are not violated.

3. The petitioner points out that there had been loss of large number of school days during the last academic year on account of various reasons like bandhs, hartals, general strike, declaration of additional holidays, apart from the unprecedented natural disaster in the form of flood. Thus the number of working days in the last academic year was considerably reduced. It is therefore the petitioner's case that unless the school authorities are permitted to take classes during summer holidays, it would not be possible to complete the syllabus and hence to impart them with proper training to appear in the public examinations.

4. After hearing the learned Counsel for the petitioner, Senior Govt Pleader and the Learned Standing

Counsel for CBSE, I have already disposed of W.P.(C) No.10123 of 2019 along with a batch of cases by judgment dated 05.04.2019. The case of the petitioner would also be governed by the said judgment.

5. If the School authorities as well as the PTA have made a request after ensuring all safeguards for meeting the unprecedented weather conditions not only to the students but also to the teachers and all those involved in conducting vacation classes, it is liable to be considered by the competent authorities under the CBSE. As the Government Circular itself provides for conducting of summer camps for a period of ten days, even without interfering with the Government circular as a whole, there can be a direction to the competent authorities under the CBSE to consider the request of the petitioner to conduct classes during summer vacation and to take a decision after verifying the facilities provided in the school. Therefore the writ petition is disposed of with the following directions :

(1) The Principal of the school shall approach the Regional Director of CBSE with application for permission to conduct vacation classes within one week.

(2) The details regarding the safeguards adopted to meet the extreme climatic conditions like facilities for pure drinking water, first aid, food, availability of water in the toilets for the students as well as the teachers, facilities in the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top