The Kerala High Court has directed the Secretary to the Government, General Education Department, Government of Kerala and the Director of General Education, Thiruvananthapuram to issue appropriate directions for effective monitoring and implementation of circulars issued as regards installation of complaint boxes/drop boxes in schools.
The Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly directed the education department officers to ensure complaint boxes are installed in schools during their school visit and all the Deputy Directors of Education, all the Regional Deputy Directors of Education (Higher Secondary Education (HSE) Section), all the Assistant Directors (Vocational Higher Secondary Education (VHSE) Section) and all the District/Assistant Educational Officers to send periodical report to the Director of General Education, Thiruvananthapuram, setting out the nature of complaints and finality of the same.
The Court disposed of a Public Interest Litigation (PIL) filed by Faizal Kulappadam @ Faizal N seeking direction to ensure all the schools in Kerala including Government/Aided and unaided (Higher Secondary, Vocational Higher Secondary) to set up complaint boxes.
Shorts facts leading to the filing of the petition are as hereunder:
The General Education Department issued GO dated 11.02.2016 for setting up students complaint boxes in all schools of Kerala. It was on the basis of a request from the child welfare commission, the Government has decided to issue Exhibit P1 Government Order. In the complaint boxes, students can secretly drop in their complaints/vexations/concerns. It explains in detail how to deal with a complaint from a student. Due to the lackadaisical approach on the part of the respondents, the majority of the schools in Kerala failed to set up complaint boxes. The inertness on the part of the respondents in taking action against the schools which failed to implement the directions contained in Government Order is absolutely illegal. Aggrieved by the non-implementation of GO dated 11.02.2016 by the respondents, the public interest litigation was filed.
On the basis of instructions, a statement dated 24.06.2022 has been filed on behalf of the Director, General Education Department, contending that it has been implemented and subsequently, instructions have been issued.
Relevant portions of the statement are reproduced:
“2. The above Writ Petition is filed as Public Interest Litigation alleging non-Implementation of G.O.(P) No. 39/2016/G.Edn. dated 11.02.2016. It is submitted that pursuant to the order of the State Child Welfare Commission dated 20.12.2014, the Department of General Education has issued a Circular No. 2859/G3/15/G.Edn dated 18.03.2015, by which instructions were given to all schools to place drop boxes. Thereafter the Government by G.O.(P) No. 39/2016/G.Edn dated 11.02.2016 (Exhibit P1) issued guidelines regarding the implementation of drop box and for handling the complaints received therein. As per the letter dated 19.04.2017 from the Ministry of Human Resource Development (MHRD) regarding the implementation of online complaint box developed by the National Commission for the Protection of the Rights of the Child, the Director of Public Instructions has issued Circulars on 20.09.2017 and 03.03.2018. The contention of the petitioner that the respondents are inert in implementing the Government Order and the boxes are not available in most of the schools are not correct. The Department is keen to Implement the provisions of the Government Order.
- It is submitted that in the draft school manual published in May 2022, in Chapter 11 under the ‘General Things’, the Instructions regarding the drop box have been included. Moreover, after the reopening of schools, all head of the institutions were reminded of complying to the directions in G.O.(P) No. 39/2016/G.Edn dated 11.02.2016 vide Circular No.M(4)465299/2022/DGE dated 17.06.2022. It is also insisted that the Educational Officers should ensure the availability of the complaint boxes during their school visits.
- It is respectfully submitted that there is no laxity on the part of the respondents in implementing the directions in the G.O.(P) No. 39/2016/G.Edn dated 11.12.2016.”
Substantiating the averments, K.R.Ranjith, Government Pleader has also filed a memo dated 01.07.2022, enclosing the copies of the Circular No.G3/2859/2015/G.Edn. dated 18.03.2015, Circular No.M-4/40217/2017/DPI dated 20.09.2017, Circular No.M4/95408/2017/DGE dated 03.03.2018, G.O.(P) No. 39/2016/ G.Edn dated 11.02.2016 and Letter No. M4/465299/2022/DGE dated 17.06.2022 from the Director of General Education.
According to the letter dated 17.06.2022 signed by Director of General Education
“ Attention is invited to the references. Instruction had already been given to install complaint boxes in schools. Taking into consideration the importance of the matter all Government, Unaided, Aided schools shall follow the instructions as such. The Educational Officers should ensure that complaint boxes are installed in the schools during their school visit.’
Though Jomy K.Jose, counsel for the petitioner, submitted that instructions have not been issued by the Director of General Education in Exhibit R3(e) letter dated 17.06.2022 to the effect that drop boxes should be kept in all the Higher Secondary and Vocational Higher Secondary Schools, the Court is not inclined to accept the same, for the reason that perusal of letter dated 17.06.2022 makes it clear to the Court that all the references in the said document, have been directed to be implemented.