Kerala HC questions need for local body nod to give co-ed status to single-gender schools

Kochi: High court has questioned the need for approval from local self-govt institutions under a 2022 govt circular for introducing co-education in aided schools, as well as the role of such authorities in converting single-gender schools into co-educational institutions.Justice K V Jayakumar observed that the circular reflects the state govt'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.The observations came while allowing a petition filed by the Muslim Girls' Higher Secondary School, Erattupetta, in Kottayam district, which 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.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.However, allowing the plea, HC 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.
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