GOPAKUMAR MANCHAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 and 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.