Government Should Close Schools Not Having Playground And Extra-Curricular Activities: Kerala High Court

The Kerala High Court said that the Government should close schools that are not having playground and extra-curricular activities for sports and games.

The Court was dealing with a writ petition filed by the President of the Parent Teachers Association and the Managing Committee Member of the Government Welfare Lower Primary School, Thevayoor South, Pathanamthitta.

A Single Bench of Justice P.V. Kunhikrishnan observed, “I am of the considered opinion that the Government should formulate a norm/guidline, in tune with Chapter IV Rules 1 and 3(2) of KER, prescribing the extent of playground necessary in each category of schools and also the requisite facilities. Right to education is a fundamental right of the children. The education includes play and other extra curricular activities. If there is no suitable playgrounds for games and sports in schools containing sufficient clear space for that purpose as provided in KER, the government should take stringent action including closure of those schools. The facilities that are necessary in playgrounds of schools may vary in LP Schools, U.P Schools, High Schools etc. But a proper norm/guideline is necessary.”

Advocate Shiju Vargheese appeared for the petitioners while Sr. GP Princy Xavier and Advocate Anoop V. Nair appeared for the respondents.

In this case, the petitioners were forced to file the writ petition when there was an attempt from the authorities/respondents to construct a water tank in the school ground without obtaining permission from the school authorities or higher authorities. The petitioners produced photographs to show that the construction activities had already started in the playground of the school. At that stage the writ petition was filed. It was conceded by both sides that the proposal to construct the water tank was dropped and there was no grievance to the petitioners.

The High Court in the above regard noted, “A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically.”

The Court further noted that CBSE Affiliation Bye-laws 2018 and CISCE Rules for Affiliation clearly stipulate the facilities that are required in a school playground but in the Kerala Education Act and Rules, the same is lacking except for a condition in Chapter IV Rule 3(2) KER which says that every school shall have suitable playground for games and sports and site should contain sufficient clear space for the purpose.

“Several schools in the State were established decades back. In several schools in the State, adequate playgrounds for games and sports with sufficient clear space is not available because of the subsequent building constructions and even alienation of school property. The school authorities and aided school management are taking advantage of this lacuna in Chapter IV KER which is silent about the measurement of the playground necessary in the schools. Therefore, it is imperative to issue an order or regulation about the extent of the playground necessary in all schools in the State and the facilities required in the school’s playground”, it added.

The Court also said that school playgrounds are an essential part of a child’s learning environment providing a safe and fun place to play and the playgrounds can help children to develop their physical, social, emotional, and imaginative skills. It added that the education should not be restricted in classrooms and the extra-curricular activities including sports and games should also be a part of the education curriculum.

“It will increase the physical skills of the children like flexibility and balance motor skills, hand-eye co-ordination and heart and lung function, is the new scientific study. Social skills, cognitive skills and emotional skills also will improve, if the children are allowed to engage in games and other activities in the school playground. This will definitely reduce the stress and anxiety of the children in the classroom”, it observed.

The Court, therefore, directed that the State shall issue norms/guidelines in tune with Chapter IV Rule 3(2) of KER about the extent of playground necessary in each category of schools mentioned in Chapter IV Rule 1 and also the facilities required in school playground withing four months.

“Once the above norms/guidelines are issued, the educational authorities shall see that all the schools in the State are following the same and if any of the schools is not following the same, after giving sufficient opportunity and time to them, stringent action including closure of the school should be ordered”, it ordered.

Accordingly, the High Court disposed of the petition.

Cause Title- Prakash N v. G.W.L.P. (Government Welfare Lower Primary) School & Ors. (Neutral Citation: 2024:KER:28673)

Appearance:

Petitioners: Advocates Shiju Vargheese and A.C. Eapen.

Respondents: Sr. GP Princy Xavier, SC V.V. Joshi, Varghese M. Easow, Advocates Anoop V. Nair, M.R. Jayaprasad, P. Mohandas Ernakulam, K.P. Satheesan, Siddharth Krishnan, Joseph John, S. Vibheeshanan.

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