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
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
Leasing of School land requires adherence to proper procedures and oversight to ensure accountability and protect educational resources.
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.
The court emphasized the right to education and the government's duty to address infrastructural and staffing deficiencies in schools, establishing judicial oversight in public educational standards.
Officers of State must remember that right of every citizen matters and no child can be left behind.
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