SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(All) 2427

IN THE HIGH COURT OF ALLAHABAD
Saurabh Shyam Shamshery, J.
Jai Bhagwan – Petitioner
Versus
State Of UP and Others – Respondents
Public Interest Litigation (PIL) No. - 1911 of 2024
Decided On : 11-12-2024

Advocates Appeared:
For the Petitioner: Awadhesh Kumar Mishra,Sunil Kumar Singh
For the Respondent: Abhitab Kumar Tiwari, Sunil Kumar Singh,C.S.C.

The court mandated adherence to committee oversight for leasing school property and emphasized the need for accountability and educational reforms in accordance with the National Education Policy.

Headnote:(A) Public Interest Litigation - The National Education Policy, 2020 - Guidelines on leasing School Farm land - The court addressed irregularities in the leasing process and required compliance with Government order of 31st July, 2018, including the formation of a committee for leasing decisions, ensuring income from leases is deposited in the School's account, and noted the need for accountability among teachers and improved educational conditions (Paras 2, 5, 8).

(B) Education - Quality and accountability in schools - Recommendations for enhancing educational standards, such as mandatory biometric attendance for teachers, establishment of Adharshila labs in all schools, and frequent inspections to ensure responsibility and improvement in student attendance (Paras 6, 7).

Facts of the case:
The petitioner sought to prevent encroachment on a Government School playground due to improper leasing of school farm land, leading to an inquiry that revealed procedural failures and lack of accountability (Para 1).

Findings of Court:
The court ordered that no school's farm land be leased without committee approval, established procedures to address shortcomings highlighted in the report on school conditions, and specified steps for the education authorities to improve school operations (Paras 8, 9).

Issues: The main issues were the legalities surrounding the leasing of school property without proper oversight and the need for systemic improvements in school education (Para 1).

Ratio Decidendi: The court underscored the necessity for strict adherence to the committee's formation for leasing decisions and highlighted the educational reforms needed in compliance with the National Education Policy, which centers on equitable, quality education (Paras 5, 6).

Result: Public interest litigation disposed with directed actions for compliance.

Table of Content
1. encroachment concerns on school playground. (Para 1)
2. irregularities in school land leasing procedures. (Para 2 , 3 , 4 , 5 , 6 , 7)
3. directions given for land lease and school oversight. (Para 8 , 9 , 10)

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. This public interest litigation has been filed to keep a playground of a Government School of Village Kakkerpur, Post Bhuni, Sardhana, District Meerut, free from any encroachment as there was an apprehension that in the garb of lease to School’s Farm land, playground of concerned School will be disturbed.

2. During hearing it was revealed that due procedure to lease out was not followed and income generated was not deposited in School’s account, therefore, this Court extended the scope of present public interest litigation and appointed Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates as Amicus Curiae and asked them to visit the concerned School as well as other Schools and to submit a report.

3. Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates have submitted a report alongwith supplementary suggestions today, which are taken on record. Court also heard their submissions.

4. I have carefully perused the report. Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates have visited many Schools running under the jurisdiction of District Basic Education Officer, Meerut and they have pointed out certain irregularities and shortcomings. In one of the School facilities were utilized upto the best and even Adharshila Lab was working very efficiently.

5. In the report it has been disclosed that there are 53 Schools within the District Meerut, where there are School Farm. It is also pointed out in report that in terms of Government Order dated 31st July, 2018, in order to lease out such School’s Farm land, a Committee has to be constituted having Gram Pradhan or Nagar Palika Adhyaksha as President and a person nominated by Sub-Divisional Magistrate, above the rank of Naib Tehsildar and Principal of concerned School as its Members. The report further states that such Committee is not constituted in every such Schools and without their express consent Schools’ Farm land were leased out. So far as present School is concerned, a First Information Report was lodged against earlier Principal as well as present Principal has also committed an error as in order to submit his reply, he has appointed a person, who was supposed to be beneficiary of proposal of lease.

6. Some of the suggestions given by Sri Vipul Kumar and Sri Rai Sahab Yadav, Advocates in their report as well as supplementary suggestions are reproduced hereinafter:

Some more suggestions apart from consolidate report

Education is one of the key factors that significantly determines the development of any country. Thus, it must and ought to change according to the needs of the times and the changing scenario. It provides an opportunity to reflect seriously on humanity's social, economic, cultural, ethical and spiritual issues.

The National Education Policy, 2020 (for brevity referred as NEP, 2020 hereinafter) is the first Education Policy of the 21st century which aims to address the various growing developmental imperatives of our country. It is built on the foundational pillars of Access, Equity, Quality, Affordability and Accountability.

With emphasis on the early childhood care and education. The foundation stage is further divided into 2 parts i.e. 3 years of pre- school or Anganwadi, followed by classes 1 & 2 in a primary school. This will cover children of ages 3 to 8 years. The focus of studies will be in activity based learning. Preparatory stage is from class 3 to 5 which will cover children of the ages 8 to 11 years. It will gradually introduce subjects like speaking, reading, writing, physical education, language, art, science and mathematics. Middle stage is from class 6 to 8 which will cover children of the ages 11 to 13 years. It will introduce children to more abstract concept of mathematics, science, social science

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top