Parents 1, Government 0: Kerala High Court saves school playground for students to grow minds, muscles

The need for playgrounds, sports and games activities in a school cannot be undermined, the Kerala High Court said.

In its March 27 order, the court reiterated the importance of outdoor activities by invoking Dr John Ratey of Harvard Medical School, who observed that “physical activity in school readies the brain for learning”.

Order not violative of Kerala Education Act: Court

• Construction of a College for Music is no doubt for educational purposes, and there cannot be any embargo under Section 5B (regulates the use of land belonging to schools) of the Kerala Education Act. 
• As the study of Music is, no doubt, an educational purpose, it necessarily has to be concluded that the proposed transfer of possession of the property from the school for the construction of the College for Music is an educational purpose. 
• The order is not violative of the Kerala Education Act, 1958.

Playground integral to child’s development

• The importance of a school playground needs no reiteration. 
• Apart from strengthening muscles during a student’s growing stage, it helps the child’s development by paving the way for their social, emotional, and overall well-being. 
• The need for playgrounds, sports and games activities in a school cannot be undermined.
• There have to be coordinated efforts amongst the government bodies, including educational institutions and sports organisations, to achieve the avowed object of the national sports policy, which requires activities to be formulated to enhance impact response in schools.  

 Government’s lapse

• The government failed to consider that the transfer of possession from the school to the college of music would deprive the former of its playground.
• The authority had failed to bear in mind whether the remaining extent of land that would be available with the school would be sufficient to create a playground of the same extent or manner as presently enjoyed by the school.
• No report to that effect has also been placed before this court to conclude that a playground can be established on the remaining land.  
• The communication under the RTI (Right to Information) Act indicates that, if possession of the area where the playground is presently situated is handed over for the construction, the remaining extent will not be suitable for sports and games, as it is filled with trees and other growths. 
• The trees and growth can be cut and removed. However, the records do not indicate whether the nature and layout of the property would enable the setting up of a playground. 
• In the absence of relevant factors having been considered, the order cannot be justified under the law.
• The mere existence of some space scattered around would not suffice the requirement of a playground.
• Suffice it to say, the materials available do not indicate consideration of the question regarding the availability of sufficient area to create a new playground for the school. 

Deprivation of school playground

• Sri G Krishnakumar, along with others representing the petitioner, submitted that the playground of the school has been decided to be transferred to the Department of Collegiate Education for starting the SRV College of Music and Performing Arts by the Government, as per the order dated December 5, 2024.
• The counsel submitted that pursuant to a mass petition signed by numerous persons, the petitioners claim that the order will result in the deprivation of the school playground, and hence, it ought to be interfered with.
•  The counsel also contended that the alienation of the school property was contrary to section 5B (which regulates the use of land belonging to schools)of the Kerala Education Act, 1958 (for short ‘the Act’), and hence, the order was void.
• The counsel relying upon the National Education Policy, 2020, pleaded that the need to integrate sports in education fosters holistic development by promoting the physical and psychological well-being of the students, apart from enhancing their cognitive abilities.
• Subsequently, the attempt of the respondents to part with the possession of the school playground for the construction of a music college was contrary to the avowed purpose and therefore bad in law.

Playground transfer for educational purpose

• Government pleader, Sri. P.Santhosh Kumar, along with others on behalf of the respondents, said that the College of Music was newly opened and was functioning in a rented building due to a lack of a permanent building.
• As the said institution lacked a permanent building, the government had decided to transfer possession to construct the building for the college. 
• The counsel stated that all official formalities were complied with, and the property that was identified for transfer adjoins the premises of the school, and since the transfer is for educational purposes, the restriction under section 5B of the Act will have no application.
• It was contended that the premises around the school are sufficient for the students to engage in extracurricular activities.

Government order

The petitioners were the parents/old students of the government UP School at Ramavarmapura, and alleged that, as per the order dated December 5, 2024, the school playground was being transferred to another department to be used for starting a music college.

A mass petition was signed by persons who emphasised that the need to maintain the health of the students through physical activities would be compromised, and the order needs to be revoked.

Government order set aside

The mere existence of some space scattered around would not suffice the requirement of a playground. In a sketch handed over across the bar by the government pleader, it was noticed that the balance area available with the school may not be sufficient to set up a playground. 

The materials available do not indicate consideration of the question regarding the availability of sufficient area to create a new playground for the school.

The exercise of the power must be influenced by factors that are lawfully to be taken into account and not by ignoring or disregarding the relevant factors. In that process, the opinion formed must be preceded by an application of mind, which must be evident from the order, the Kerala High Court noted on March 27.