Kerala High Court quashes Education Department decision mandating Saturdays as working days for schools

The Kerala High Court recently quashed the decision of the State Education Department to have Saturdays as working days in the ongoing academic year of 2024-25 for aided and government schools [Kerala Pradesh School Teacher's Association & Anr. v. State of Kerala and connected cases].Justice Ziyad Rahman AA quashed the new school academic calendar for 2024-25 to the extent it mandated 25 out of the 35 Saturdays as working days. The Court made the decision after observing that the Director of General Education had not consulted any stakeholders or considered the students' mental health and well-being."The views of the experts in Education and psychology of children to assess the impact on mental health were also not considered. 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 Court observed..The Court also highlighted that academic instruction involves not just learning but also fostering social interactions, recreational activities and personal development through extracurricular pursuits like sports, arts, and participation in organizations such as National Cadet Corps (NCC) and National Service Scheme (NSS)."Education is not necessarily imparted through the academic studies provided by the educational institutions alone, even though the same is the most predominant source...Such interactions can occur only if the 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 Court said in its judgment. .The judgment was passed on multiple writ petitions filed by teachers' associations, parents, and students challenging the Director of General Education's authority to issue a new academic calendar for 2024-25, which increased the working days from 205 to 220 for high schools and set 195 days for higher secondary classes, excluding exam days.Traditionally, government schools operated on a five-day week, with Saturdays and Sundays off..The petitioners argued that the decision to make 25 Saturdays working, was a major policy shift that could be sanctioned only by the State Government under the Kerala Education Act and Rules. They contended that the Director had overstepped his jurisdiction by disregarding the existing norms and classification of students under the Right to Education Act, 2009..However, supporting the changes to the academic calendar, the Additional Advocate General contended that the Director acted within his administrative powers and the move to make some Saturdays as working was carefully planned to meet the statutory requirement of 220 instructional days as as required under the Kerala Education Rules (KER)..The Court, however, noted that while the Kerala Education Act and Rules provide some flexibility in managing the academic calendar, this flexibility did not extend to making changes that effectively alter the established policy framework.It referred to Rule 4(3) in Chapter VII of the KER, which permits schools with a majority of Muslim students and staff to observe Fridays as holidays, implying that a five-day school week is the norm and highlighted that, despite the absence of a formal declaration, Saturdays have been treated as de facto holidays in schools for decades.The Court concluded that the Director exceeded his authority by altering the established five-day work week without proper consultation, effectively making a policy decision that should have been handled by the State government. .Therefore, the Court quashed the notification and the academic calendar to the extent that it declared 25 Saturdays as working days, and directed the State Government to reassess the matter.It emphasized that the State should adhere to central statutes, involve stakeholders and experts before implementing such significant policy changes.The Court disposed of the petitions clarifying that the judgment will apply only to the remaining Saturdays which were designated as working days..The petitioners were represented by Senior Advocate Kurian George Kannamthanam and advocates TT Muhamood, Siji Antony, Sandesh Raja, Cyriac Kurian and Jestin Mathew.Additional Advocate General Ashok M Cheriyan and Government Pleader Nisha Bose appeared for the state..[Read Judgment]