The Hindu : National : Ruling against GO allowing 1,495 new schools set aside

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Ruling against GO allowing 1,495 new schools set aside

J. Venkatesan

Government duty to provide access to education
Action can be taken against schools flouting rules

New Delhi: The Supreme Court has set aside a judgment of the Bombay High Court quashing a Maharashtra government order permitting 1,495 new schools in the State without any financial commitment.

Constitutional obligations

A three-judge Bench comprising the Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice J.M. Panchal said: “It is the duty of the State government to provide access to education. Unless new schools in the private sector are permitted it will not be possible for the State to discharge is constitutional obligations.”

Writing the judgment, the CJI said: “The object of regulating permissions for new private schools are: to ensure that they have the requisite infrastructure; to avoid unhealthy competition among educational institutions; to subject the private institutions seeking entry in the field of education to maintain standards; to promote and safeguard the interests of students; to provide access to basic education to all sections of society, in particular the poorer and weaker sections and to avoid concentration of schools only in certain areas and to ensure that they are evenly spread so as to cater to the requirements of different areas and regions.”

In the instant case the State government passed an order on May 16, 2006 granting permission to 1,495 new higher secondary schools on no-grant basis.

Acting on a public interest litigation petition the Bombay High court quashed the G.O. and asked the State to prepare a master plan for starting new schools. The present appeals by the schools concerned are directed against this judgment.

Appeals allowed

Allowing the appeals, supported by the Maharasthra government, the apex court bench said the G.O. did not contravene any provision of law. “The High Court has quashed the G.O. without even noticing that many of the schools which have been permitted under the said order were English medium schools or non-Marathi schools or schools run by religious and linguistic minorities, which were not intended to be covered by the master plan.”

The Bench held that the G.O. permitting new schools would continue to be in force and if any school was found to have flouted or not fulfilled the parameters prescribed, the State government would be at liberty to take appropriate action, including cancellation of permission.

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