The Kerala High Court has raised questions regarding the necessity of obtaining approval from local self-government institutions under a 2022 government circular for introducing co-education in aided schools. The court also scrutinized the role of such authorities in converting single-gender schools into co-educational institutions.
Court Observations on Circular
Justice K V Jayakumar observed that the circular reflects the state government's policy to promote co-education by converting girls-only and boys-only schools into co-educational institutions. While the circular prescribes guidelines to ensure necessary infrastructure such as adequate furniture, drinking water, separate toilet facilities for boys and girls, and playgrounds, it does not clearly explain why approval from the concerned local authority is required for changing the status of aided schools, the court noted.
Petition by Muslim Girls' Higher Secondary School
The observations came while allowing a petition filed by the Muslim Girls' Higher Secondary School, Erattupetta, in Kottayam district. The school sought a directive to the Erattupetta municipality to permit the introduction of co-education from the next academic year, commencing on June 1. The petitioner school also challenged the clause mandating approval from the local body, arguing that the circular does not prescribe any guidelines or procedure for granting such approval. Even though the court had earlier issued a directive to the municipal secretary to decide on the school's application, no decision had been taken. The school authorities further submitted that the school had to make necessary arrangements to implement co-education and that further delay in approval would hinder its plans.
Municipality's Response
In response, the municipality stated that it had received complaints from neighbouring schools regarding the proposed introduction of co-education and that a petition challenging the move was pending before court.
Court's Decision
However, allowing the plea, the High Court observed that although the clause requires approval from the local authority, it does not lay down any procedure for granting such approval. Vesting blanket powers in an authority without prescribing procedures could lead to arbitrary exercise of power, the court said. The court accordingly directed the municipal secretary to grant approval to the petitioner school within three days. It further stated that if the secretary fails to do so, the school management would be free to proceed with the introduction of co-education without such approval.
