Requisitioning of educational institutions without legal authority violates constitutional rights, including freedom of speech, personal liberty, freedom of conscience, and right to property.

RAVI S.DHAVAN, J.

1. This petition was brought as a Public Interest Litigation by the Association of Independent Schools, Bihar, bringing to the notice of the Court the events which are about to take place, over which the media otherwise is agog. The action of the State-respondents has affected the educational institutions within the Metropolitan area of Patna. The event which the petitioners Association is speaking of is a large rally which has been organised at Gandhi Maidan , Patna. The rally is a convention of about 2,00,000, Mukhiyas, elected members of Panchayat Samitis and Zila Parishads. These are institutions which have recently been revived to play their part, locally, as laid down in the chapter, the Panchayat, Part XI of the Constitution of India. They are institutions of self Government and their functions are prescribed under the Bihar Panchayat Raj Act,1993.

2. To hold this all-panchayat-convention, schools and colleges and institutions of higher education have been closed for 29 Sept. 30 Sept. 1, Oct. 2, October and 3 Oct. 2001. That, there is a Sunday and another holiday in between is not relevant to the issue.

3. On behalf of the petitioners Association, it has been contended that normally this would have nothing to do with the constituents of their association or the institutions which run the schools, colleges or institutions of higher education. Patna University and Magadh University are also affected by the event. To house and accommodate this 2,00,000, strong convention of so called delegates, invited by the State Government for the five indicated days, accommodation at 242 educational institutions, State managed and otherwise have been earmarked and taken over under State directions issued through the District Magistrate, Patna. These communications are dated 11 Sept. 2000 (Annexure 1), 18 Sept. 2001 (Annexure 2) and 19 Sept. 2001 (on record, filed by the Additional Advocate General). These communications are reproduced: (Vernacular matter omitted)

4. The communication addressed to educational institutions require, declare and give directions in effect : (a) Take notice of the fact that there would be a convention at Gandhi Maidan and that approximately 2,00,000 delegates would be arriving in the City and for the purposes of accommodating them the institutions under notice have been required to close the institutions between 29 Sept., 2001 to 3 Oct., 2001. (b) To make arrangements by offering rooms whether class-rooms or offices and set apart the accommodation for use by the invitees to the convention. (c) The Principal of the College or a teacher is to remain in attendance for the duration of the convention corresponding to the period when the schools will be closed and the accommodation will be utilised effective 29 Sept. to 3 Oct., 2001.

5. Further, the petitioners contend that now there will be consequential effects, for never before have the premises of the schools and colleges been utilised in such a manner except during the elections. But the present State action has even surpassed that because during general elections requisition, as above, has the authority of the law. The present action does not. The other exceptions are war time measure, but no war is on. The consequences to be suffered by the educational institutions are drastic. Within the premises of these educational institutions will be dug bore holes for camp lavatories and urinals, make shift facilities like bored tubewells, hand pumps, special electricity connections and the accommodations will be fitted with light and fans. In addition, they have been required to set apart the school buses along with drivers to remain in attendance to cater to this convention.

6. On behalf of the State Government, learned Additional Advocate General has given figures of the institutions which are under directions to close between 29 Sept. to Oct., 2001 both days inclusive and the nature of works will be carried out on their grounds. The stati