Stakeholders Not Consulted: Kerala HC Quashes Education Dept's Decision To Make Saturdays Working In Schools

The Kerala High Court has quashed the State Education Department's decision to designate 25 out of 35 Saturdays as working days for the academic year 2024–25 in aided and government schools. 

The Single-Judge Bench of Justice Ziyad Rahman AA criticized the Director of General Education for failing to consult stakeholders, including educators and mental health experts, before implementing the new academic calendar.

The Bench emphasized the importance of considering students' mental well-being and social development in educational policies. “The views of the experts in education and psychology of children to assess the impact on mental health were also not considered,” the Court stated.

"The classification of the students into two categories, as made in the Right to Education Act, is not taken into account. The possibilities for putting a system in place based on the working hours or instructional hours contemplated in the Right to Education Act are also not explored. The decision is apparently taken in undue haste, without considering the relevant parameters, and without proper consultations and hearings of the stakeholders and experts. The conflict between the provisions in the KER and the Right to Education Act was not considered. Above all, the decision was taken by the 2nd respondent, who, as already observed above, travelled beyond his powers when declaring 25 Saturdays as holidays, which was a deviation from the policy and statutory declaration as acknowledged in Rule 4(3), Chapter VII of the KER, that has been in practice for the last several decades and such decision could have been taken only by the 1st respondent, by following the procedure in this regard," the Court said. 

The Court highlighted that education encompasses not only academic learning but also essential social interactions and extracurricular activities such as sports, arts, and community service programs like the National Cadet Corps (NCC) and National Service Scheme (NSS). The Court noted, “Such interactions can occur only if students are provided with ample opportunities for the same through recreational activities, sports, games, arts, or other methods that could implant within them an affinity towards social commitments and personal relationships. The activities of organizations such as NCC, NSS, etc. are also essential, and necessary provisions for the same are also to be made."

The Bench made the observations while dealing with multiple Writ Petitions filed by teachers' associations, parents, and students challenging the authority of the Director of General Education to alter the academic calendar, which increased the instructional days from 205 to 220 for high schools and set 195 days for higher secondary classes, excluding exam days. Traditionally, schools in the state operated on a five-day week, with Saturdays and Sundays off.

The Petitioners argued that the decision to declare 25 Saturdays as working days constituted a significant policy shift that required approval from the State Government under the Kerala Education Act and Rules. They contended that the Director had overstepped his jurisdiction by disregarding existing norms and the classification of students under the Right to Education Act, 2009.

In defense of the changes, the Additional Advocate General (AAG), Ashok M.Cherian, contended that the Director acted within his administrative powers and that the decision was a necessary step to fulfill the statutory requirement of 220 instructional days under the Kerala Education Rules (KER).

However, the Court pointed out that while the KER allows some flexibility in managing the academic calendar, it does not permit alterations that fundamentally change the established five-day school week. Citing Rule 4(3) of Chapter VII of the KER, the Court noted that schools with a majority of Muslim students and staff are allowed to observe Fridays as holidays, reinforcing the norm of a five-day work week.

Accordingly, the Court concluded that the Director had exceeded his authority and quashed the notification regarding the 25 working Saturdays, directing the State Government to reconsider the matter. 

"..it is clarified that this judgment shall be made applicable to the coming Saturdays, which are declared as working days as per Ext. P3 calendar. These Writ Petitions are disposed of with the above directions," the Bench ordered. 

Cause Title: Kerala Pradesh School Teacher's Association and Anr. v. State of Kerala & Ors. and Connected matters [Neutral Citation: 2024:KER:57891]

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