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2024 Supreme(All) 2443

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY, J.
Jai Bhagwan – Appellant 
Versus 
State Of UP And 6 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.s

Leasing of School land requires adherence to proper procedures and oversight to ensure accountability and protect educational resources.

Headnote:(A) Public Interest Litigation - Encroachment on School Playground - The court addressed the issue of leasing School’s Farm land without proper procedure, emphasizing the necessity of a constituted Committee for such leases as per Government Order dated 31st July, 2018. (Paras 1, 5, 8)

(B) Education Policy - National Education Policy, 2020 - The court highlighted the need for educational reforms and accountability in schools, suggesting the establishment of Adharshila labs and regular inspections. (Paras 6, 7)

(C) Accountability - The court directed that no School’s Farm land should be leased without proper decisions from the constituted Committee, ensuring the income generated is deposited in the School’s account. (Paras 8)

(D) Suggestions for Improvement - The court accepted suggestions for improving school conditions, including biometric attendance for teachers and mandatory inspections by education officials. (Paras 6, 7)

Facts of the case:
The public interest litigation was filed to protect a Government School playground from encroachment due to improper leasing of School’s Farm land. The court found that procedural violations occurred in the leasing process.

Findings of Court:
The court ordered that no School’s Farm land be leased without a Committee's reasoned decision and directed the District Basic Education Officer to address the shortcomings identified in the report.

Issues: The main issues included the legality of leasing School’s Farm land and the need for accountability in educational institutions.

Ratio Decidendi: The court ruled that the leasing process must comply with established procedures, emphasizing accountability and the necessity of oversight in educational settings.

Result: Public interest litigation disposed of with directions.

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 sciences, arts and humanities. When we visited checked it composite schools upto 8th standard, we from touchstone of foundational pillars of NEP, 2020. These schools are established in villages for the purposes of easy accessibility

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