Kochi: In a significant ruling, the Kerala High Court has overturned an order by the Director of General Education that designated Saturdays as a working day for all government and aided schools up to the 10th standard.

Justice A Ziyad Rahman passed a directive in this regard while disposing of a batch of writ petitions filed by various associations of school teachers and students challenging the government's decision. Although the decision was already in effect, the court clarified that its ruling would take effect starting this coming Saturday. Additionally, the court instructed the state government to reconsider the decision after consulting stakeholders and experts to determine the optimal number of working days.

Earlier, various teachers' organisations has openly opposed the government's decision to increase the total number of school working days to 220. This opposition included teachers' organisations affiliated with opposition parties and the one under the Communist Party of India (CPI). Even the organisation under the Communist Party of India (Marxist) CPI(M) conveyed its objection on the government’s decision.

The Kerala Education Act mandates 220 working days in an academic year. However, in the 2022-23 academic year, the number was only 195 days, which was later increased to 204 following a directive from Education Minister V Sivankutty.

Although there was a directive to raise the number to 210 days this year, the committee overseeing the Quality Improvement Programme recommended maintaining it at 204 days. The teachers' organisations also voiced their objections to increasing the days to 210.

However, some schools approached the High Court against the move to cut the number of working days. Despite a court-directed hearing on the matter, no favourable decision was reached. While the High Court was considering a contempt of court petition against the government, the Department of General Education abruptly issued an order in early June, increasing the working days to 220. After reviewing petitions from the Congress-affiliated KPSTA and others, the court has now annulled this government decision.

During the trial, the importance of students participating in sports and arts events, which help build personal relationships and social commitment, was emphasised. The significance of involvement with voluntary organisations like the NSS and NCC was also highlighted. The court also noted studies cited during the argument, which suggested that reducing the school week from five days to four in some US schools improved student efficiency. It stressed the need to assess the impact of a six-day school week on students' mental health.

Out of the 45 Saturdays in an academic year, excluding the 10 second Saturdays, the government decided to make 25 out of the remaining 33 working days. However, this decision was made without consulting teachers, their organisations, educational institutions, or students, the court noted. The government should have at least considered the opinions of experts on this matter. The court also rejected the argument that making Saturdays working days would not affect the teachers.

The court further stated that although the authorities held discussions with a few teachers' organisations, these meetings were conducted merely for the sake of formality. An overall analysis of the statutory provisions and schemes under the Right to Education Act, the Kerala Education Act, and the rules framed thereunder reveals that the decision to declare 25 Saturdays as working days was made without properly hearing the stakeholders and obtaining their views.

The possibilities of putting a system in place based on the working hours or instructional hours contemplated in the Right to Education Act were also not explored. The decision was apparently taken in undue haste, without considering the relevant parameters, and without proper consultations and hearings of the stakeholders and experts.

Moreover, the Director of General Education's decision to declare Saturdays as working days exceeds his mandate, as Act 25 of the Kerala Education Rules statutorily declares 25 Saturdays as holidays. The court observed that only the state government could amend this rule by following a legally laid-down procedure.