The Kerala High Court has directed the Secretary of Erattupetta Municipality to approve a girls’ school’s co-education plan within three days. Justice K.V. Jayakumar said the school may go ahead without the local body’s approval if it is not granted in time.
Muslim Girls’ Higher Secondary School is a government-aided minority institution set up in 1964. It applied for the municipality’s approval on February 18, 2026. That approval was required under Clause (4) of a 2022 government circular on introducing co-education in aided schools.
There was no positive response. On March 19, the High Court directed the Secretary to consider the application within three weeks, but the school said it was still not decided.
Counsel C.S. Ajith Prakash argued that Clause (4) has no statutory backing. He said Rule 12 of the Kerala Education Rules gives only the Director of Education the power to allow boys into a girls’ school. The municipality’s counsel said it had no serious objection. However, he referred to complaints from neighbouring schools and to a separate petition by K.A. Mohammed Ashraf challenging the introduction of co-education.
The court noted that the circular aims to promote co-education, but said the local body’s role in converting a school was not clear. It observed:
“It is pertinent to note that, even though Clause (4) insists on approval from the local authority, no procedure such as inspection, etc., is provided in the guidelines. The vesting of blanket powers with an authority without prescribing the procedures to be followed by such authority, would lead to arbitra[r]y exercise of powers.”
Citing urgency and the municipality’s inaction, the court ordered the Secretary, who is the 7th respondent, to grant approval within three days of receiving the judgment. It added:
“If the 7th respondent fails to grant approval within the said period of three days, the school management may proceed with the introduction of co-education in the school even without the approval of the local authority. The petitioner school shall forward a copy of this judgment to the 7th respondent by email and also produce the physical copy of the judgment before the Municipality.”
The petition was disposed of accordingly.
Case Title: Muslim Girls’ Higher Secondary School v. State of Kerala & Ors.
Case Number: WP(C) No. 15783 of 2026 (2026:KER:33437)
