Kerala High Court refuses to extend order allowing vacation classes; says kids need break from academics to have fun

The Kerala High Court on Wednesday refused to extend an interim order that had allowed schools under the Central Board of Secondary Education (CBSE) to conduct vacation classes for children above 14 years of age [Kerala CBSE School Management Association & Ors. v. State of Kerala & Ors.]..While doing so, single-judge Justice PV Kunhikrishnan made some observations regarding the importance of summer vacation for the well wellbeing of students. "After a hectic academic year, the students need a break. That is why the summer vacation is given to the students. The students should enjoy the vacations and rejuvenate for their next academic year. Holiday breaks allow the students to shift their focus from traditional study materials. They can reach to their other ambitions in extracurricular activities, which they are generally not able to address during the school year," the judge said in his order.He emphasised that children need to enjoy leisure time with their family and friends especially since a hectic academic year awaits them."Summer vacation is necessary to the students for spending time with their kith and kin and for a mental break. Concentrating on school books alone would not be sufficient for the children. Let them sing, let them dance, let them eat their favourite food leisurely without the fear of next day’s home work, let them enjoy their favourite television programmes. Let them play cricket, football or their favourite sports items and let them enjoy trips with their kith and kin. A hectic academic year is coming. Before that, a break is necessary for the student community. The students of 10th standard and Higher Secondary School definitely need a break before they enter their decisive academic year in their life," Justice Kunhikrishnan said. .The order was passed on a petition seeking an interim direction to the Regional Director of CBSE to give permission for conducting vacation classes in CBSE Schools.The State's Director of General Education (DGE) had issued a circular objecting to vacation classes.The Kerala CBSE School Management Association then moved the High Court against the circular.The circular had cited prevalent weather conditions and also advocated enjoyment of vacation by the students, as grounds to argue against vacation classes.On May 9, another single-judge had ordered a two-week interim stay on the circular and permitted vacation classes to continue..When the matter came up before Justice Kunhikrishnan on May 24, he noted that the previous interim order had relied on the 2018 judgment of the High Court in ISS (English Medium) Senior Secondary School, Perinthalmanna v. State of Kerala. In it, the Court had observed that if there are no objections from parents, teachers and students, special classes can be conducted during the summer vacation on the condition that the school authorities will provide basic facilities. Justice Kunhikrishnan found that he could not agree with this decision. .He noted that Rule 1 Chapter VII of Kerala Education Rules says that all schools shall be closed for summer vacation every year on the last working day of March and reopened on the first working day of June unless otherwise notified by the Director. As far as the present petition goes, the Court noted that there was no challenge to this Rule. .Moreover, while considering a batch of similar petitions in 2019, a division bench of the Court had upheld the authority of the DGE to issue the kind of circular that was under question in the present petition. "In such situation, I am of the considered opinion that the order passed by the DGE is the need of the hour. This Court need not invoke the powers under Article 226 of the Constitution of India to interdict an order passed by the DGE, which is in tune with Rule 1 of Chapter VII KER. Therefore, I am not in a position to agree with the dictum laid down in ISS (English Medium) Senior Secondary School's case (supra). It requires reconsideration. The cases are to be heard by a Division Bench," the order stated.Therefore, Justice Kunhikrishnan ordered the registry to place the present petition before the Chief justice so that he can assign it to an appropriate bench.He also refused to extend the earlier interim order..[Read Order]