School Managing Committee Of Amaramunda Govt. Primary School, Amaramunda vs State Of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Ori) 516

IN THE HIGH COURT OF ORISSA, CUTTACK
Dr. B.R. Sarangi, J.
School Managing Committee Of Amaramunda Govt. Primary School, Amaramunda - Appellant
Versus
State Of Odisha & Ors. - Respondents
W. P. (C) No. 27401 of 2020, W. P. (C) No. 11704 of 2020, W. P. (C) No. 30808 of 2020, W. P. (C) No. 2600 of 2021, W. P. (C) No. 8275 of 2021, W. P. (C) No. 11603 of 2021, and W. P. (C) No. 14289 of 2021
Decided On : 04-05-2021

Advocates Appeared:
M/s. K.K. Swain, K. Swain and J.R. Khuntia, Advocates, M/s. A.K. Pandey, D.N. Mishra, P.K. Sasmal & P.K. Das, Advocates, M/s. Rajjeet Roy, S.K. Singh & S. Sourav, Advocates, Mr. Durga Prasad Dhal, Advocate, Mr. Amiya Kumar Mohanty-A, Advocate, M/s. Bhabani Shankar Rayaguru, B.P. Pattanaik & P.R. Swain, Advocates, M/s. D.N. Rath and A.K. Saa, Advocates, for the Appellant; Mr. S. Parida, Sr. Standing Counsel for S&Me Dept, for the Respondent.

Headnote:(A) The Right of Children to Free and Compulsory Education Act, 2009 - Article 21-A - Odisha Right of Children to Free and Compulsory Education Rules, 2010 - Merger/consolidation of schools for rationalization based on roll strength - Notification no. 5465/SME dated 11.03.2020 and office memorandum no. 5538/SME dated 11.03.2020 found to be unconstitutional as they contravene statutory provisions of the Act and the Rules, violating the right to free and compulsory education - Merger of schools without considering local needs and the provisions of law leads to inconvenience and contrary to the constitutional mandate. (Paras 16, 17, 30, 73, 74)

Facts of the case:
Petitioners challenged the government notifications regarding merger of schools based on roll strength, arguing that it violated the provisions of the Right to Education Act and the associated Rules. Schools were established to serve local communities, and the directives issued unreasonably aimed to consolidate them based on insufficient roll strength metrics, disregarding the need for local education resources. (Paras 2, 5, 30)

Findings of Court:
The Court found that the state government failed to uphold fundamental rights guaranteed under Article 21-A of the Constitution; thus, the notifications could not stand legally. The intent behind merging schools did not accommodate the efficiency of education delivery due to geographical and social disparities. (Paras 73, 74)

Issues: Whether the government can merge schools based solely on enrollment numbers without considering local needs or statutory mandates. The legality of the notifications regarding such mergers and their compliance with education laws. (Paras 16, 29)

Ratio Decidendi: The judicial review confirms that any government policy violating statutory provisions cannot be upheld. The merger of schools based on roll strength is arbitrary where local context and education standards are disregarded - emphasizing the responsibility of the government to protect the right to education. (Paras 32, 73, 74)

Result: Notifications quashed, schools ordered to be restored to prior operational status. Writ petitions allowed with no order as to costs.

Table of Content
1. petitioners seek to quash school merger notifications. (Para 2 , 3 , 4 , 5)
2. arguments against government merger policy. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. court's observations on petitioners' claims. (Para 13 , 14 , 15 , 16)
4. examination of educational rights under law. (Para 17 , 18 , 19 , 20 , 21)
5. legality of notifications concerning school consolidation. (Para 22 , 23 , 25)
6. critique of notifications' compliance with educational law. (Para 26 , 27 , 28 , 29 , 30)
7. court's stance on policy maker authority. (Para 31 , 32 , 33 , 34)
8. judicial review principles relevant for policy implementation. (Para 35 , 36 , 37)
9. writ petitions allowed, notifications quashed. (Para 73 , 74)

JUDGMENT

Dr. B.R. Sarangi, J. - School Managing Committee of Amaramunda Govt. Primary School, Amaramunda, as the petitioner, has filed W.P.(C) No. 27401 of 2020 seeking following relief:-

'a writ of mandamus or an appropriate writ be issued quashing the impugned order dated 16.09.2020 passed by the Block Education Officer, Agalpur (Duduka) under Annexure-2 so far as it relates to Merger of petitioner's School, i.e. Amaramunda Govt. Primary School and the said School may be allowed to run in Amaramunda village without any hindrance and the Govt. Notification dated 11.03.2020 under Annexure-3 which is contrary to the Odisha Right of Children to Free and Compulsory Education Rules , 2010 may also be quashed.'

Lilly Samal and thirty-seven others, as the petitioners, have filed W.P.(C) No. 11704 of 2020 seeking following relief:-

'The petitioner therefore, humbly prays that this Hon'ble Court may graciously be pleased to admit the writ application, issue a Rule NISI calling upon the opposite parties to show cause as to why the petitioners' school Rahala Primary School shall not be merged with the Rahala Upper Primary School which is situated within one campus and as to why the Rahala Primary School will be merged with the UGUP school, if the opposite parties failed to show cause or shown insufficient cause the rule may be made absolute against the opposite parties.'

School Managing Committee of Basupur Primary School has filed W.P.(C) No. 30808 of 2020 seeking following relief:-

'It is therefore, humbly prayed that this Hon'ble Court may graciously be pleased to issue rule NISI calling upon the Opp.Parties to show cause as to why their decision taken under notification dtd. 22.10.2020 under annexure-2 and order dated 05.11.2020 under annexure-4 to consolidate/merge Basupur Primary School with Inkerdia Primary School, shall not be quashed.

And if the Opp.Parties fail to show cause or show insufficient cause, make the said rule absolute by issuing a writ of certiorarified (sic) mandamus quashing the order directing merging of Basupur Primary School with Inkerdia Primary School under annexure-2 & 4.'

Siddhartha Sankar Swain and three others have filed W.P.(C) No. 2600 of 2021 seeking following relief:-

'Under the circumstances, the Petitioners therefore, pray that notice of 'Rule Nisi' be issued to the Opposite Parties calling upon them to show cause as to why the list of schools proposed for consolidation under Soro Block for the year 2020- 21 to the extent of Sl. No. 1 (Aharpur Parsurampur school) shall not be quashed.

And upon the Opposite Parties not showing cause or failing to show adequate cause, the said Rule be made absolute and a writ in the nature of Mandamus or any other appropriate writ as may be deemed fit and proper be issued quashing the list of schools proposed for consolidation under Soro Block for the year 2020-21 to the extent of Sl. No.1 (Aharpur Parsurampur school).'

Chairman, SMC of Khirang Primary School, as the petitioner, has filed W.P.(C) No. 8275 of 2021 seeking following relief:-

'Issue Rule NISI calling upon to the Opp.parties to show cause as to why the impugned order dated 02.02.2021 under Annexure-1 shall not

Click Here to Read the rest of this document

2021 Supreme(Ori) 516

Cases Referred (48)