Navakerala Sadass| Students Should Not Be Encouraged To Participate In Activities Which Are Non-Educational In Colour: Kerala HC
The Kerala High Court has observed that no school student can be forced to participate in any event, as Navakerala Sadass in the present case, which is not a part of the educational curriculum, as it is of non-educational colour.
Navakerala Sadass is a political mass movement by the ruling alliance, Left Democratic Front.
A bench of Justice Devan Ramachandran thus observed, “…the Head Masters/Principals of schools are warned not to subject any of their students/wards to any activities which are not part of the educational curriculum, on the instructions of any of the official respondents in this case. I order so because, the right to education is a constitutionally protected right, which enures to every student and child, notwithstanding their class, creed or status; and it is the duty of the Educational Authorities to protect this, rather than encourage them into activities, which are in non-educational color”.
Advocate PE Sajal appeared for the Petitioner while the Additional Advocate General appeared for the State.
The bench further held that the Deputy Director of Education did not have jurisdiction or competence under any of the applicable Statutes, Rules or Regulations, to issue such an order. “In any event, the use of children in such manner is not authorized under the Kerala Education Act or the Rules thereunder, under which alone, the said Authority can Act - he being the Deputy Director of Education", the bench said in its order.
In the matter, during the hearing, the Additional Advocate General had intervened to say that Exhibit P1 (impugned order) has been withdrawn, through a subsequent order of the the Deputy Director of Education.
AAG then added that no child will be forced or encouraged to participate in any event, in any of the districts in Kerala.
The petitioner had asserted that Exhibit P1 was an abuse of process and was issued by the the Deputy Director of Education, in excess of power.
“Normally, this Court could have closed the writ petition, based on the afore submissions of learned Additional Advocate General; but it must be ensured that Authorities do not abuse their powers in future”, the bench also noted in the order.
Cause Title: P K Navas v. State Of Kerala
Click here to read/download the Order
