High Court of KeralaSingle JudgePetitions disposed of with directions for CBSE ...

W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893 of 2019 (High Court of Kerala, Ernakulam)

Case / Petition Number:WP(C).Nos.10123/2019-M; 10557/2019-T; 10564/2019-U; 10704/2019-K; 10848/2019-E; 10893/2019-J

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.V.ASHA
Judgment Date
2019-04-05
Court Decision / Holding
Petitions disposed of with directions: Principals shall apply to the Regional Director, CBSE, within one week for permission to conduct vacation classes; applications must include safeguards (drinking water, first aid, food, toilets, classroom facilities), dates, hours, and transport details, plus PTA resolutions. The Regional Director shall decide within 10 days of receipt (not exceeding 20 days) and may impose conditions to align with Disaster Management Authority alerts. If permission is granted, schools may conduct classes during summer vacation; the Government circular dated 28.03.2019 shall not bar such authorization.
Final Disposition
Petitions disposed of with directions for CBSE to consider vacation class requests on a case-by-case basis, within time-limited approvals, subject to safeguards; Government circular dated 28.03.2019 not to stand in the way of such permissions; decision by CBSE Regional Director to be taken within 10–20 days; permissions limited to up to 20 days in any event; implementation contingent on safeguards and compliance with disaster advisories.

Parties to the Case

Appellants / Petitioners

  • Dr. A.M. Antony, Peevees Model School, Nilambur
  • Director, Assisi VidyaniketAn Public School, Perumpilly, Vypin
  • Manager, SDKY Gurukula Vidyalyam, Erroor, Tripunithura
  • Director, Assisi Vidyaniketan Public School, Chembumukku, Kakkanad
  • Fr. Sunnykuruvilla, St. Anthony’s Public School, Anakkal
  • Principal, Chinmaya Vidyalyan Public School, Kasaragod

Respondents

  • The State of Kerala, represented by its Secretary to Government, General Education Department
  • Director of Public Instructions (DPI)
  • Director of Higher Secondary Education
  • Central Board of Secondary Education (CBSE)
  • Joint Secretary and Regional Officer, CBSE
  • Kerala State Commission for Protection of Child Rights (KESCPCR)

Legal Representation & Advocates

Counsels for Petitioners

  • • K. Vidyasagar
  • • V.A. Muhammed
  • • Sajeev Kumar K.Gopal
  • • K.A. Manzoor Ali
  • • M. Sajjad
  • • G. Hariharan
  • • Smt. K.S. Smitha
  • • Praveen H.
  • • Shine Varghese
  • • V.R. Sanjeev Kumar
  • • Suresh Kumar Kodoth
  • • K.P. Antony Binu

Case Synopsis & Summary

These batch writ petitions involve CBSE-affiliated schools seeking permission to conduct summer vacation classes for students in standards IX to XII to compensate for reduced instructional days due to strikes, floods, and other disruptions. The Government issued Circular dated 29.03.2019 prohibiting such classes during summer holidays in schools including CBSE-affiliated and other institutions, citing Disaster Management Authority alerts and the need to protect children from extreme heat. Petitioners contended that, with proper safeguards (water, first-aid, nutrition, sanitation, and safe premises), schools could conduct limited camps during holidays and complete syllabus; they argued loss of working days required additional instructional hours and that CBSE should consider permission on a case-by-case basis, supported by PTA resolutions and management assurances. The Government Pleader emphasized State authority to issue protective circulars under the Disaster Management Act, insisting on compliance with public safety measures for children. The Court acknowledged the government’s protective aims and the right to education, noting the need to mitigate lost teaching days while ensuring child safety. It held that a blanket ban cannot stand and granted structured directions for case-by-case approvals. The petitions were disposed of with directions to CBSE Regional Directors to process applications promptly, verify safeguards, and allow vacation classes if approved, within defined time limits, notwithstanding the 29.03.2019 circular.

Provisions of Law Cited

Disaster Management Act, 2005 - Section 34(c); Section 39(a)

Legal Doctrines & Maxims

  • Fundamental right to education
  • Parens patriae / state’s protective obligation towards children

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners submit that the Government circular prohibiting summer vacation classes is overbroad and irrational in view of the need to compensate for lost teaching days; with proper safeguards (water, food, sanitation, first aid, and supervision) schools can conduct short camps during holidays without endangering children; CBSE authorities can assess on a case-by-case basis, guided by PTA resolutions and school assurances, enabling continuation of education while protecting health under weather advisories.

Contentions of Respondents

Respondents contend that the Government circular is binding, designed to safeguard children under Disaster Management Act 2005, and that public authorities must prevent potential harm from extreme heat; the CBSE and schools must comply with state directives and obtain prior permission for any vacation program, with safeguards and compliance verified by educational authorities.

Cited Precedents (8)

Case NameCitationTreatmentExplanation
Abdul Aziz v. Circle Inspector of Police and OthersILR 2012 (1) Kerala 74PositiveCourt relied on this decision to extend the circular’s protective reach to all students under 18, irrespective of standard.
W.P.(C) No. 4451/20182018 (2) KHC 849Mentioned OnlyExhibited as a related judgment cited in exhibits; not clearly applied in the dispositive reasoning.
W.P.(C) No. 7177/2017W.P(C) No.7177/2017Mentioned OnlyExhibit referenced in the appendix; cited as background precedent without direct application.
W.P.(C) No. 3689/2018W.P.(C) 3689/2018Mentioned OnlyExhibit showing a prior decision; used for background context.
W.P.(C) No.14225/2018W.P.(C) No.14225/2018Mentioned OnlyExhibit exhibits prior judgments relevant to education policy.
W.P.(C) No. 11997/2018W.P.(C) No.11997/2018Mentioned OnlyExhibit cited as related authority.
W.P.(C) No. 14822/2018W.P.(C) No. 14822/2018Mentioned OnlyExhibit cited as related authority.
W.P.(C) No. 4451/2018W.P.(C) No.4451/2018Mentioned OnlyExhibit cited as related authority.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941** ## **WP(C).No. 10123 of 2019-M** ## **PETITIONER/S:** **DR.A.M.ANTONY, AGED 62 YEARS PRINCIPAL,PEEVEES MODEL SCHOOL, NILAMBUR-679 329,MALAPPURAM DISTRICT** **BY ADV. SRI.K.VIDYASAGAR** ## **RESPONDENT/S:** **1 KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, SREE GANESH, VANROSS JUNCTION, NEAR BAKERY JUNCTION, THIRUVANANTHAPURAM-695 034, REPRESENTED STRICT BY ITS REGISTRAR** **2 THE DIRECTOR OF PUBLIC INSTURCTIONS, STATE OF KERALA, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHI, THYCAUD, THIRUVANANTHAPURAM,KERALA-695 014** **3 THE REGIONAL OFFICER, CENTRAL BOARD SECONDARY EDUCATION, BLOCK-B,2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANTHAPURAM-695 004** ## **OTHER PRESENT:** **SR GP.NISHA BOSE SRI.S.NIRMAL, SC, CBSE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, ALONG WITH WP(C).10557/2019, WP(C).10564/2019, WP(C).10704/2019, WP(C).10848/2019, WP(C).10893/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941** ## **WP(C).No. 10557 of 2019-T** ## **PETITIONER/S:** **THE DIRECTOR ASSISI VIDYANIKETAN PUBLIC SCHOOL, PERUMPILLY, VYPIN, PIN-682503.** **BY ADV. SRI.V.A.MUHAMMED** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DIRECTOR OF HIGHER SECONDARTY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.** - **4 THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), VIKAS MARG, C.BLOCK, PREET VIHAR, NEW DELHI-110062, REPRESENTED BY ITS SECRETARY.** - **5 THE JOINT SECRETARY AND REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), IIND FLOOR, BLOCK B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695003.** - **6 THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS T.C.14/2036, VANROSS JUNCTION, P.O.KERALA UNIVERSITY, THIRUVANANTHAPURAM-695034, REPRESENTED BY ITS REGISTRAR.** ## **OTHER PRESENT:** **SR GP.NISHA BOSE, SRI.S.NIRMAL,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, ALONG WITH WP(C).10893/2019, WP(C).10848/2019, WP(C).10704/2019, WP(C).10564/2019, WP(C).10123/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941** ## **- WP(C).No. 10564 of 2019 U** ## **PETITIONER/S:** **THE MANAGER, SDKY GURUKULA VIDHYALAYA, EROOR, TRIPUNITHURA, KANAYANNUR, ERNAKULAM - 682 306 BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL**| ||**EDUCATION, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM, PIN - 695 001**| |**2**|**DIRECTOR OF PUBLIC INSTRUCTION (DPI)**| ||**DIRECTORATE OF PUBLIC INSTRUCTION,**| ||**THIRUVANANTHAPURAM, PIN - 695 001**| |**3**|**CENTRAL BOARD OF SECONDARY EDUCATION (CBSE)**| ||**REPRESENTED BY ITS SECRETARY, VIKS MAARG, C.BLOCK,**| ||**PREET VIHAR, NEW DELHI - 110 062**| |**4**|**REGIONAL DIRECTOR**| ||**CBSE, 2ND FLOOR, BLOCK B, LIC DIVISIONAL OFFICE**| ||**CAMPUS, PATTOM, THIRUVANANTHAPURAM - 695 004**| ## **OTHER PRESENT:** **SR.GP.NISHA BOSE, SRI.NIRMAL.S.,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, ALONG WITH WP(C).10893/2019, WP(C).10848/2019, WP(C).10704/2019, WP(C).10557/2019, WP(C).10123/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941** ## **WP(C).No. 10704 of 2019-K** ## **PETITIONER/S:** **THE DIRECTOR,ASSISI VIDYANIKETAN PUBLIC SCHOOL, CHEMBUMUKKU, KAKKANAD, PIN-682030.** **BY ADVS. SRI.V.A.MUHAMMED SRI.K.A.MANZOOR ALI SRI.M.SAJJAD** **RESPONDENT/S:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD OF BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.** - **4 THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), VIKAS MARG, C BLOCK, PREET VIHAR, NEW DELHI-110062, REPRESENTED BY ITS SECRETARY.** - **5 THE JOINT SECRETARY AND REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), IIND FLOOR, BLOCK B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695003.** - **6 THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS,T.C.14/2036, VANROSS JUNCTION, P.O.KERALA UNIVERSITY , THIRUVANANTHAPURAM-695034, REPRESENTED BY ITS REGISTRAR.** ## **OTHER PRESENT:** **SRGP.NISHA BOSE, SRI.S.NIRMAL,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, ALONG WITH WP(C).10893/2019, WP(C).10848/2019, WP(C).10564/2019, WP(C).10557/2019, WP(C).10123/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941** ## **WP(C).No. 10848 of 2019-E** ## **PETITIONER/S:** **FR.SUNNYKURUVILLA, AGED 55 YEARS PRINCIPAL,ST.ANTONYS PUBLIC SCHOOL, ANAKKAL P.O., KANJIRAPPALLY, KALAKETTY-688 508,KOTTAYAM DISTRICT** **BY ADVS. SRI.G.HARIHARAN SMT.K.S.SMITHA SRI.PRAVEEN.H. SRI.SHINE VARGHESE SRI.V.R.SANJEEV KUMAR** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF GENERAL EDUCATION, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM** - **2 THE DISTRICT EDUCATION OFFICER, KANJIRAPALLY, KOTTAYAM DISTRICT-688 501** - **3 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REGIONAL OFFICE, BLOCK-B,2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS,PATTOM, THIRUVANANTHAPURAM-695 004, (REPRESENTED BY ITS REGIONAL OFFICER)** - **4 KERALA STATE COMMISION FOR PROTECTION OF CHILD RIGHT,SREEGANESH,T.C.14/2036,BEHIMD OLYMPIC ASSOCIATION BUILDING, VANROSS JUNCTION, KERALA UNIVERSITY P.O., THIRUVANANTHAPURAM-695 034, (REPRESENTED BY ITS SECRETARY)** - **5 THE DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM-688 001** ## **OTHER PRESENT:** **SR GP.NISHA BOSE, SRI.S.NIRMAL,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, ALONG WITH WP(C).10893/2019, WP(C).10704/2019, WP(C).10564/2019, WP(C).10557/2019, WP(C).10123/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941** # **- WP(C).No. 10893 of 2019 J** **PETITIONER/S:** # **PRINCIPAL,CHINMAYA VIDYALAYA, VIDYANAGAR, VIDYANAGAR PO, KASARGOD DISTRICT-671123.** **BY ADVS. SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695001. 2 DEPUTY DIRECTOR OF EDUCATION, KASARGOD, VIDYANAGAR PO, -671123.** **3 KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS,KERALA UNIVERSITY PO, THIRUVANANTHAPURAM695034.** **4 REGIONAL OFFICER, CBSE REGIONAL OFFICE KERALA, BLOCK-B, 2ND BLOCK, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695004.** ## **OTHER PRESENT:** **SR GP.NISHA BOSE, SRI.S.NIRMAL,SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2019, ALONG WITH WP(C).10848/2019, WP(C).10704/2019, WP(C).10564/2019, WP(C).10557/2019, WP(C).10123/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 ## **JUDGMENT** The petitioners in all these cases are Managers/Principals/Trust/Societies in the management of Schools affiliated to Central Board of Secondary Education (CBSE). They want to conduct classes during summer holidays for students of standards IX to XII/X to XII. 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. Further the Government also refers to the warning administered by the Disaster Management Authority in view of the extreme climatic conditions by which there is acute scarcity of water and scorching heat. However it is provided that camps for the children, workshops etc can be conducted for a maximum period of ten days with prior W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 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 petitioners point 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 their case that unless they 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. According to them they are making all arrangements to see that the students are given all facilities so that they would not be affected by the adverse climatic conditions. According to them their W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 school buildings and premises are fully equipped to face such rise in temperature. 4. The learned Government Pleader vehemently argued that the Government has every authority to issue circulars like Ext.P2 in the light of the warning given by the Disaster Management Authority. Section 34(c) of the Disaster Management Act 2005 provides that for the purpose of assisting, protecting or providing relief to the community in response to any threatening disaster situation or disaster, the District Authority may control and restrict the entry of any person into, his movement within and departure from a vulnerable or affected area. Section 39 (a) of the Act taking suitable measures for prevention of disasters, mitigation, preparedness and capacitybuilding in accordance with the guidelines laid down by National Authority and the State Authority. It is pointed out that the Disaster Management Authority has issued alerts against the impending rise in temperature and laid down the precautionary measures to be taken by all concerned, one of which is that vacation classes shall be avoided in schools and colleges on days of red alert. All public especially children shall see that they are not exposed to sun between 11AM and 3 PM etc. It is pointed out W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 that the Schools affiliated by CBSE are also bound to obey and implement the Government orders. While issuing NOC and recognition to the petitioners, Government has stipulated certain conditions to be adhered to, by such colleges. 5. It was also argued that the Child Rights Commission had in the year 2018 in Cr.MP. No.4692/2009 issued orders in order to protect the children and directed that summer classes shall not be conducted and that such directions were issued well within its authority conferred under the Act. It was also pointed out that definition of child is not given under the Commission for Protection of Child Rights Act and that the United Nations Convention on Rights of Children defines a child to mean every human being below the age of 18 years and it was argued that even those studying in 10[th] or 12[th] Standard would come under that definition and therefore the orders issued by Child Rights Commission are liable to be implemented in the case of students of standard X to XII also and such orders are issued in order to protect the children. The judgment of this Court in _**Abdul Aziz vs. Cicle Inspector of Police and Others :** ILR 2012 (1) Kerala 74_ was relied on in support of her contention that the circular will be applicable to all below 18 years irrespective of the Standard in which they W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 are studying in the respective schools. 6. The learned Standing Counsel for the CBSE pointed out that the circular issued by the Government are binding on them. However it is pointed out that there had been considerable loss in the number of working days for the children on account of various reasons including natural disaster, the State had witnessed. 7. Having heard the learned counsel on either side, it is seen that Government has got every right to issue directions in accordance with the alerts received from the Disaster Management Authority in order to protect the citizens with special care to children inclusive of those upto 18 years of age, from extreme heat. At the same time Government has also a duty to see that the children are not adversely affected by the recurrent declaration of holidays/loss of working days on innumerable reasons including that on account of natural calamities. The Schools are duty bound to impart the students education in effective manner and to equip them to appear in the public examinations which are decisive of their very future or else it will in effect result in deprivation of the fundamental right to education of the students. In order to compensate the loss of working days, it would be necessary W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 to find out additional class hours to complete the syllabus. Otherwise it would also be a violation of child rights. It is seen that the Government circular itself provides that camps, workshops, etc can be conducted during vacation, with prior permission of educational authorities who shall ensure that sufficient safeguards are provided to meet the adverse climatic conditions on account of extreme heat. Therefore I am of the view that if the School authorities as well as the PTA have made a request after ensuring all safeguards for meeting the unprecedented weather conditions not only to the students of X to XII but also to the teachers and all those involved in conducting vacation classes, it is liable to be considered by the competent authorities under the CBSE. In some of the cases the petitioners have produced resolution passed by the PTA of the Schools to request for permission from the authorities to conduct the summer classes. In some of the cases the School authorities like management/Managers/ Principals have also addressed the authorities under the CBSE to grant them permission to conduct classes ensuring that they will provide all facilities to protect the children from any adverse conditions of weather. Having regard to all these circumstances, I am of the view that as W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 the Government Circular itself provides for conducting of summer camps for a period of ten days, even without interfering with the Government circular as a whole, there can be a direction to the competent authorities under the CBSE to consider the request of the petitioners to conduct classes during summer vacation and to take a decision after verifying the facilities provided in each of the schools on a case to case basis. Therefore these writ petitions are disposed of with the following directions : 1. The Principals of the petitioner schools shall approach the Regional Director of CBSE with application for permission to conduct vacation classes within one week. 2. The details regarding the safeguards adopted to meet the extreme climatic conditions like facilities for pure drinking water, first aid, food, availability of water in the toilets for the students as well as the teachers, facilities in the class rooms and the premises for protection from the extreme heat; the dates on which the classes are proposed; schedule of class hours, the transportation made available to the students, etc, shall be furnished in such applications. W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 3. The application of the Principal shall be submitted along with the resolution of the PTA in respect of conducting of vacation classes despite the adverse weather conditions and declaration of the authorised representative of the management of the school in respect of the facilities they are providing for the students as well as teachers to meet the climatic conditions. 4. The Regional Director shall thereafter consider such applications with reference to the facilities provided/assured and having regard to the requirement of the classes to be conducted as against the number of teaching days lost in the previous academic year and take appropriate decision in respect of each schools within a period of 10 days from the date of receipt of such applications. At any rate, the permission need be granted only for a maximum period of 20 days. The Regional Director would be free to impose such conditions to ensure the safeguards in tune with the alerts of the State Disaster Management Authority, in order to protect the children as well as all involved in conducting the classes. 5. On the basis of such permission being granted the W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 petitioner schools would be free to conduct classes during summer vacation. 6. The Government circular issued on 28.03.2019 shall not stand in the way of granting the aforesaid permission and conducting of classes in tune with such permission. **Sd/-** **P.V.ASHA JUDGE** rkc W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 ## **APPENDIX OF WP(C) 10123/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE AFFILIATION ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION TO THE PETITIONER'S SCHOOL EXHIBIT P2 TRUE COPY OF THE ORDER DATED 22.04.2018 PASSED BY THE 1ST RESPONDENT IN CRMP NO.2922/11/LA2/2017/KESCPCR EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 17.03.2017 IN W.P(C) NO.7177/2017 EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 08.02.2018 IN W.P(C)3689/2018 EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO.H4/26488/2017/DPI DATED 31.03.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE DECLARATION ISSUED BY THE PETITIONER EXHIBIT P7 TRUE COPY OF THE RESOLUTION NO.30 PASSED BY THE PTA MEETING HELD AT PEEVEES MODEL SCHOOL, NILAMBUR ON 11.2.2019 EXHIBIT P8 TRUE COPY OF THE REQUEST DATED 15.2.2019 SENT BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P9 TRUE COPY OF THE RESOLUTION NO.31 PASSED BY THE MEETING OF THE MANAGEMENT COMMITTEE HELD AT PEEVEES MODEL SCHOOL, NILAMBUR ON 19.2.2019** **EXT.P10 TRUE COPY OF THE CIRCULAR DT.29.3.19 ISSUED BY THE ADDL.4TH RESPONDENT** W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 ## **APPENDIX OF WP(C) 10557/2019** ## **PETITIONER'S/S EXHIBITS:** |**EXHIBIT P1**||**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**CIRCULAR**| |---|---|---| |||**NO.H4/26488/2017 DPI DATED 31.3.2018.**| |**EXHIBIT P2**||**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**CIRCULAR**| |||**NO.ACD.C2/108048/2018/HSE**<br>**DATED**| |||**4.4.2018 OF THE 3RD RESPONDENT.**| |**EXHIBIT P3**||**TRUE COPY OF THE ORDER DATED 24.2.2018**| |||**PASSED BY THE 6TH RESPONDENT.**| |**EXHIBIT P4**||**TRUE COPY OF THE JUDGMENT OF THIS**| |||**HON'BLE COURT DATED 9.2.2018 IN**| |||**WPC.NO.4451/2018.**| |**EXHIBIT P4**|**A**|**TRUE COPY OF THE JUDGMENT REPORTED IN**| |||**2018 (2)KHC 849.**| |**EXHIBIT P5**||**COPY OF THE MINUTES AND REPORT DATED**| |||**13.3.2019 OF THE PTA EXECUTIVE**| |||**COMMITTEE MEETING OF THE SCHOOL.**| |**EXT.P6**||**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**CIRCULAR**| |||**NO.G3/138/2019/GDN DT.29.3.19**| W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 ## **APPENDIX OF WP(C) 10564/2019** **PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.14225/2018 DATED 24-04-2018 EXHIBIT P2 TRUE COPY OF THE CIRCULAR ISSUED BY THE 1ST RESPONDENT DATED 29-03-2019** W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 ## **APPENDIX OF WP(C) 10704/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.H4/26488/2017 DPI DATED 31.03.2018. EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.ADC.C2/108048/2018/HSE DATED 04.04.2018 OF THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE DATED 24.2.2018 PASSED BY THE 6TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 09.02.2018 IN W.P. (C) NO.4451/2018. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT REPORTED IN 2018(2) KHC 849. EXHIBIT P5 COPY OF THE MINUTES AND REPORT DATED 5.3.2019 OF THE PTA EXECUTIVE COMMITTEE MEETING OF THE SCHOOL. EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.G3/138/2019/GDN DATED 29.3.19.** W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 ## **APPENDIX OF WP(C) 10848/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 28.04.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE CIRCULAR DATED 31.03.2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 21.03.2019 MADE BY THE PETITIONER TO THE 3RD RESPONDENT ALONG WITH THE REQUEST DATED 21.03.2019 SUBMITTED BY THE PTA COMMITTEE EXHIBIT P4 TRUE COPY OF THE JUDGMENT MADE IN W.P(C) NO.11997/2018 DATED 20.04.2018 BY THIS HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE CIRCULAR ISSUED BY THE 1ST RESPONDENT DATED 29.03.2019** W.P.(C) Nos.10123, 10557, 10564, 10704, 10848 & 10893/2019 ## **APPENDIX OF WP(C) 10893/2019** ## **PETITIONER'S/S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF CIRCULAR DATED 29.03.2019**| |---|---| ||**ISSUED BY 1ST RESPONDENT.**| |**EXHIBIT P2**|**TRUE COPY OF ORDER DATED 22.04.2017 OF**| ||**THE KERALA STATE COMMISSION FOR**| ||**PROTECTION OF CHILD RIGHTS.**| |**EXHIBIT P3**|**TRUE COPY OF ORDER DATED 24.02.2018 OF**| ||**THE KERALA STATE COMMISSION FOR**| ||**PROTECTION OF CHILD RIGHTS.**| |**EXHIBIT P4**|**TRUE COPY OF CIRCULAR DATED 31.03.2018**| ||**ISSUED BY DPI.**| |**EXHIBIT P5**|**TRUE COPY OF THE JUDGMENT DATED**| ||**4.5.2018 IN WP(C) NO.14822/2018.**| |**EXHIBIT P6**|**TRUE COPY OF THE JUDGMENT DATED**| ||**17.7.2018 IN WP(C) NO.12367/2018.**|