The Kerala High Court on Tuesday declined to stay a single bench order that permitted the management of Muslim Girls' Higher Secondary School in Erattupetta to convert the institution into a co-educational school. A division bench comprising Justices A Badharudeen and S Muralee Krishna issued this order while hearing an appeal filed by K A Muhammed Ashraf against the single bench decision.
Court's Observation and Adjournment
The division bench observed that any decision taken pursuant to the single bench order would be subject to the outcome of the appeal. The matter has been adjourned to May 21 for further proceedings.
Background of the Case
Earlier, the school management had approached the High Court seeking a direction to the Erattupetta municipality to permit the introduction of co-education from the next academic year, which commences on June 1. A 2022 government circular mandates that prior approval from the local body is required for converting single-gender aided schools into co-educational institutions.
Allowing the plea, the single bench had directed the municipal secretary of Erattupetta municipality to approve the school's request within three days. The court further observed that if the secretary failed to approve within the stipulated period, the school management would be free to proceed with the introduction of co-education without such permission.
Single Bench's Question on Local Body Approval
While passing the order, the single bench had also questioned the necessity of the clause requiring local body approval and the role of local self-government institutions in decisions related to the introduction of co-education in schools. This order has now been challenged before the division bench.
