Music should continue throughout children's school life, plays important role in child development: Kerala HC

The Kerala High Court recently observed that music should continue throughout the school days of children. Court said that music plays a serious role in child development and studies have shown that it improves fine motor skills in the child.

The bench of Justice P.V. Kunhikrishnan, therefore, asked the government to seriously think about sanctioning regular music teachers’ posts in all schools. "...at least in the primary section, irrespective of the student’s strength or number of periods," Court emphasized.

Currently, the music teacher’s post is sanctioned based on the number of students in a school, the number of periods, etc. If the strength of students in one school is less, then the post of music teacher will not be sanctioned in that school.

"This, in reality, is discrimination to the student community because if a student is studying in a school where there is less number of students they will not get the help of a Music teacher...," Court observed.

Court opined that the student’s strength or number of periods in a school ought not to have been a criteria for sanctioning at least for the post of a music teacher.

Court, while clarifying that it is a policy decision to be taken by the government and the high court cannot give any specific direction to sanction the post of music teacher in all schools by invoking the powers under Article 226 of the constitution of India, added: "...but the government should think about it seriously".

"I am sure that the government will rise to the occasion because the happiness and development of the mental health of every child is important in a welfare state. The registry will forward a copy of this judgment to the 1st respondent, the Government for taking appropriate decision in the light of the above observations", the bench of Justice Kunhikrishnan ordered.

The observations were made in a plea filed by a music teacher seeking promotion as a full-time music teacher and consequential benefits with effect from 02.01.1997.

The petitioner alleged that she had been forced to fight throughout her service to get a full-time post, after completing five years in the part-time post.

Her promotion as full time teacher had been rejected on the ground that she had only worked for 3 days a week.

Court agreed with the argument put forth by the petitioner's counsel that there was no such government order that stated that a part-time music teacher who has only worked 3 days per week is not entitled for the benefits of the Government Order for promotions.

Accordingly, while taking note of the fact that the petitioner is going to retire on March 31, 2023, Court directed the State government to pass orders such that the petitioner could retire from service as a Full Time Teacher with retrospective effect.

Case Title: R. Helan Thilakom v. State of Kerala & Ors.