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2026 Supreme(Online)(MP) 36745
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vivek Rusia, ACJ, Pradeep Mittal, J
Manggi Bai Kole – Appellant
Versus
State Of Madhya Pradesh – Respondent
WRIT PETITION No. 43662 of 2025
Important Points
Subject
Education - School Recognition and Infrastructure
Headnote
Facts of the case:
Public Interest Litigation filed by the Sarpanch and Up-Sarpanch of Gram Panchayat, Kotari, against a private school, alleging lack of adequate building, toilets, electricity, playgrounds, and staffing. An enquiry report confirmed unsatisfactory and unsafe building conditions and deficiencies in facilities. The petitioners sought cancellation of the school's recognition.
Findings of Court:
Court held that as the private school is the only educational facility in the village, closure would cause academic harm. The Gram Panchayat must hold a general body meeting to facilitate constructive improvements in the school's infrastructure.
Issues: Whether the school's recognition should be cancelled due to severe infrastructural deficiencies, notwithstanding it being the only school in the locality.
Ratio Decidendi: In PIL matters concerning essential services like education, court-directed remedial and constructive cooperation between local authorities and management is preferable to punitive closure, which would adversely impact the beneficiaries (students).
Result: PIL disposed of with directions for collaborative remediation.
For the Appellants/Petitioners: Munendra Singh, Vineeta Soni
For the Respondents: Vivek Sharma
| Table of Content |
|---|
| 1. allegations of poor infrastructure in public-interest private school settings. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. constructive mandatory intervention to improve facilities without disrupting essential community access to education. (Para 7 , 8 , 9 , 10 , 11) |
ORDER
Per: Vivek Rusia, Acting Chief Justice
By way of present Public Litigation Interest, the petitioner is seeking following reliefs:-
"A. It is, therefore, prayed that the authorities concerned be directed to take appropriate action against the school being run by respondent No. 8, in the interest of justice.
B. It is further prayed that the recognition granted to the said school be withdrawn/cancelled and that the students studying therein be shifted to other recognized schools, in the interest of justice.
C. Any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be passed in the interest of justice."
The present Public Interest Litigation has been filed by the petitioners, claiming to be social activists engaged in activities concerning public welfare and rural development in District Umaria. The grievance of the petitioners pertains to a private school, namely “Devarsi High School”, run by respondent No. 8 in Village Kotari, District Umaria. According to the petitioners, the school lacks basic infrastructural facilities required for running an educational institution. It is alleged that adequate seating arrangements, toilets, drinking water facilities, blackboards, safety measures, electricity, and other essential amenities are not available for the students.
The petitioners submitted representations before the competent authorities raising the aforesaid grievances. Pursuant thereto, an enquiry was conducted by the Block Education Officer, Manpur, District Umaria. As per the enquiry report dated 31.07.2025, the condition of the school building was found to be unsatisfactory and unsafe. The report further recorded deficiencies relating to teaching staff, playground, and other infrastructural facilities, and accordingly recommended that appropriate action be taken by the District Education Officer.
The petitioners have also placed reliance upon a spot inspection report (Mouka Panchnama) dated 29.07.2025, wherein it was noted that toilet facilities were not available in the school and students were compelled to go outside the school premises to attend to the call of nature. It is further alleged that the school does not have adequate parking space and that the vehicles and bicycles of students are parked outside the school premises. It is stated that the petitioners had earlier approached this Court by filing W.P. No. 38556/2025, which was dismissed as withdrawn with liberty to pursue the pending representation before the competent authorities. The petitioners further submit that a notice was issued to the Principal of the school seeking an explanation regarding the alleged deficiencies. Since no response was submitted within the stipulated period, the recognition of the school is stated to have been placed under suspension. On the basis of the aforesaid allegations and material, the petitioners have filed the present petition seeking appropriate action against respondent No. 8 and cancellation of the recognition granted to the school.
It is an admitted fact that the petitioners are the Sarpanch and Up-Sarpanch of Gram Panchayat Kotari, Janpad Panchayat Manpur, District Umaria, M.P., where the private school run by respondent No. 8 is situated. There is no Government school in the Gram Panchayat, and the school run by respondent No. 8 is the only educational institution operating in the area.
Certain discrepancies were found by the Committee constituted by the District Education Officer, District Umaria, which are reproduced below:
1. (cid:1)जस भवन म(cid:8) (cid:9)व(cid:10)ालय संचािलत है वह छ(cid:21)पर वाला है एवं उसम(cid:8) लगी हुई ब(cid:1)(cid:31)लयां सड़(cid:33) हुई एवं द(
