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Kerala HC Grants Stay on State Child Rights Commission’s Ban on Night Tuition Classes

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Kerala HC Law Insider

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Published on: October 17, 2023 at 16:49 IST

A challenge Petition has been presented before the Kerala High Court contesting an order issued by the State Commission for Protection Of Child Rights that prohibited recreational trips and night tuition classes offered by tuition centers.

Justice T.R. Ravi has issued notices to the respondents and ordered an interim stay on the State Child Rights Commission’s order banning night tuition classes.

The plea has been filed by the General Secretary of a Welfare Organization for Tutorials and Teachers in Kerala. The State Commission for Protection of Child Rights issued an order on August 4, 2023, prohibiting recreational trips and night tuition classes offered by tuition centers.

The plea argues that many students, including those who are academically struggling, government school students, and students in the open school category, rely on tuition centers for their education. It is contended that a complete ban on night classes would infringe on the children’s right to study for extended hours.

The plea states that night classes were arranged for the benefit of students in tuition centers after obtaining parental consent.

Additionally, the plea asserts that tours and trips are organized by various student associations, including religious youth organizations and student clubs. A complete ban on night classes and recreational trips conducted by tuition centers is seen as a violation of the students’ right to equality.

The plea further contends that the State Commission for Protection of Child Rights lacks the authority to issue an order banning night study classes or recreational trips conducted by tuition centers, as their mandate is to make recommendations to the government.