Kerala High Court Seeks State's Response On PIL Seeking Regulation Of Pre-Primary Institutions Including Daycare, Anganwadis

The Kerala High Court on Monday (October 13) sought the state government's response to a plea seeking directions for framing and implementing comprehensive guidelines for the regulation of pre-primary institutions in the state, including pre-schools, daycare centres, anganwadis, etc.

When the case came up for consideration before the Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji, it gave time to the state government to respond to the plea.

Plea is preferred by a lawyer and mother of a 4-year-old child, being concerned about the lack of uniformity and regulation in the early childhood education sector in India.

It refers to a 2021 judgment of the High Court in Pretty Rachal Koshy v. Social Justice Department and Ors. [WP(C) No. 18027/2017] wherein the Court had recorded an assurance made by the government to issue an executive order to ensure regulation of daycare centres and creches, within two months.

However, as per the RTI replies received by the petitioner from the Social Justice department (6th respondent) and the Director of the Department of Women and Child Development (5th respondent), there was no such regulation in place. The petitioner was also informed that the responsibility of Pre-Primary Education with the exception of Anganwadis and Creches was transferred to the General Education Department (2nd respondent).

"The jurisdictional shift has resulted in a regulatory vacuum for children aged 3 to 6 years. Despite the reassignment of administrative responsibility, neither the 2nd nor 4th respondent has formulated uniform rules or implemented a standardised curriculum, thereby depriving thousands of children of equitable access to foundational education and violating the constitutional mandate under Article 45," states the plea.

Subsequently, another RTI was preferred before the 2nd respondent, who admitted that there are no rules framed under the National Early Childhood Care and Education (ECCE) Policy. According to the ECCE, all States must establish clear standards and regulatory frameworks for early childhood education. 

The petitioner has, thus, prayed for time-bound directions to frame uniform regulations for the curriculum development, monitoring and quality assurance of all pre-primary institutions in Kerala in conformity with the ECCE, National Education Policy (2020), the National Curriculum Framework for the Foundational Stage (2022) and Section 11 of the Right of Children to Free and Compulsory Education Act, 2009.

Among other prayers, the petitioner has sought directions to ensure that all pre-primary educational institutions in the state are mandatorily registered with a competent regulatory authority and a declaration that failure to implement a regulatory framework is a violation of fundamental rights of children under Articles 14, 21 and 21A as well the directory principles under Articles 39(f) and 45 while also in non-compliance of the directions in WP(C) No. 18027/2017.

Referring to the State's affidavit in WP(C) No. 18027/2017, the Court on Monday observed:

"Though the statement relates to the position as of year 2021 and there have been certain changes in respect of the National Education Policy, the position placed on record by the state government through aforesaid statement that there is an absence of policy as the petitioner seeks in this petition was an admitted position then...in view of its earlier commitment recorded by this Court, it can initiate steps on formulation of such policy without waiting for further orders of this Court. If the petition is to be contested, the counter to be filed."

The case is posted on November 10.

The petition is moved by Advocates Leo Lukose, Enoch David Simon Joel, S. Sreedev, Rony Jose, Karol Mathews Sebastian Alencherry, Derick Mathai Saji, Karan Scaria Abraham, Ittoop Joy Thattil.

Case No: WP(PIL) No. 126 of 2025

Case Title: Mehna Ibrahim v. State of Kerala and Ors.

Click to Read/Download Judgment in WP(C) No. 18027/2017