Supreme Court notice to Delhi on schools’ closure

August 30, 2008: The Hindu

NEW DELHI:The Supreme Court on Friday issued notice to the Delhi Government and various other authorities on a petition challenging a Delhi High Court order directing about 10,000 unrecognised primary schools to seek recognition failing which they would be closed.

A three-judge Bench of Chief Justice K. G. Balakrishnan, Justice P. Sathasivam and Justice J. M. Panchal issued notice on the petition filed by the Coordination Committee of Public Schools after hearing senior counsel Mukul Rohatgi and counsel Pramod Gupta.

Mr. Rohatgi submitted that there was no occasion for the High Court to interfere with the existence of these schools which had been providing education to the children from lower income groups for many decades. He said no notice was given to the schools before passing the order, no expert in the field of education was consulted and even the far-reaching impact the judgment would have on lakhs of children studying in these schools was not fully understood by the High Court. Counsel said this order would defeat the very purpose of Sarv Shiksha Abhiyan and right to education for all till the age of 14.

When the Chief Justice told counsel, “How can you run a school without recognition? Why don’t you seek recognition of your schools,¶ Mr. Rohatgi said, “Recognition would be granted only if you meet certain requirements which would be difficult for such small schools.¶

Justice Sathasivam cited the Kumbakonam school tragedy and said “certain minimum standards and basic facilities are to be maintained. We cannot allow schools to continue without any facility¶.

The petitioner assailing the High Court judgment said “the High Court did not take into consideration one vital fact that none of the parents whose children are studying or teachers who are working in these unaided unrecognised schools had made any complaint or raised any grievance about their functioning¶.

The petition said “the Centre for Civil Society which is a think tank and independent non-profit research and educational organisation has done a two-year extensive in-depth research in India (Delhi and Hyderabad), China, Kenya, Ghana and Nigeria and it suggests that the belief that unrecognised private schools are thought to be of the lowest quality, hence demanding of detailed regulation or even closure is unwarranted¶.

The SLP sought quashing of the impugned judgment and interim stay of its operation.