KUNHI MOHAMMED V Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is the convener of Vaniyannur AMUP School Samrakshana Samithi. Petitioners 2 and 3 claim that their children are studying in Vaniyannur AMUP School (Hereinafter referred to as the 'School')- The School is a pre-independence School and Pre-KER School. According to the petitioners, right from the commencement of the School, Muslim Calendar was being followed. Even after the introduction of the Kerala Education Department Calendar, Muslim. Calendar was being followed in the School. A school following the Muslim Calendar will remain closed during Ramzan month. That period will be compensated by the additional working days during summer holidays. The petitioners state that out of 554 students in the School, 540 students belong to Muslim community. The petitioners have also described the practice that is being followed by Muslims during Ramzan month. It is pointed out that the Muslim students have to attend the religious training in the morning and if they have to attend the School during Ramzan month, the students would be put to great hardship. The first petitioner was the president of the Parent Teachers Association of the School. It would appear that in the newly elected Parent Teachers Association, the petitioner was not elected as the President. There was a general body meeting of the Parent Teachers Association on 17-7-2010. According to the petitioners, change of school calendar was not an item in the agenda of that meeting. However, an item was subsequently included in the agenda clandestinely and a so called unanimous decision was taken by the association to request for changing the calendar to general calendar. On coming to know of the same, the first petitioner submitted Exhibit P-1 representation to the Director of Public Instruction. The Headmaster of the School issued Exhibit P-3 letter to the first petitioner enclosing copy of Exhibit P-2 order dated 6-8-2010 issued by the Additional Director of Public Instruction. As per Exhibit P-2 order, the calendar for the School in question was changed to the general calendar. The petitioners relied on Exhibit P-4 circular dated 8-3-2006 issued by the Director of Public Instruction wherein it is mentioned that no application would be entertained for change of calendar.

(2.) The reliefs prayed for in the Original Petition are the following:

(3.) In the counter-affidavit filed on behalf of respondents 6 to 8, it is inter alia contended as follows: The first petitioner was the President of the Parent Teachers Association. In the last election of the office-bearers of the Association,' he was not elected. The children of petitioners 1 and 3 are not studying in the School. The son of the second petitioner is a student in the School. Since the first petitioner was removed from the office of the President of the Association by the general body, he is not in good terms with the present office-bearers of the Association. There is no calendar as "Muslim Calendar" followed in the schools in Kerala. There is only one calendar which is provided under the Kerala Education Rules. In some of the schools, holidays are given during Ramzan month and that is compensated by the functioning of the school concerned in the month of April. On 17-7-2010, as per Exhibit R-7(a) minutes, unanimous decision was taken by the general body of the Parent Teachers Association to shift to the general calendar. Based on Exhibit R-7(a) resolution, the staff council unanimously agreed to change the calendar, evidenced by Exhibit R-7(b). The Manager of the School also agreed to the suggestion and he issued Exhibit R-7(c) consent letter in that regard The Vice President of Cheriyamundam Grama Panchayath, within the limits of which the School is situated, also recommended for changing the calendar. The Headmaster forwarded the decision of the Parent Teachers Association along with the recommendation of the Manager and member of the Panchayath, to the Assistant Educational Officer. Exhibit P-2 order was passed by the Director of Public Instruction, accepting the request. As regards Exhibit P-4 circular, it was contended that the said circular would not override the specific provisions in the Kerala Education Act and Rules.